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Li  E  C  ORDS 


OF  THE 


COLONY  OF  RHODE  ISLAND 


AND 


PROVIDENCE  PLANTATIONS, 


I  N 


NEW  ENGLAND. 


PRINTED    BY    ORDER    O-F    THE    GENERAL  ASSEMBLY. 

BDITKD  BV 

JOHN  RUSSELL  BAS&lSfFV, 

SKCRFTA  R V  OF  STATE. 

vol.  n. 

1664  to  1(177. 

BOSTON  r-OU-EGE  LIBRARY 
CHESTNUT  HILL,  MASS. 

PROVIDENCE,  K.  [.: 

A.  CRAWFORD  GREENE  AND  BROTHER,  STATE  PRINTERS. 

1857. 


a  5  i  4 


REMARKS. 


The  Second  Volume  of  the  Colonial  Records  of  Rhode 
Island  commences  with  the  adoption  of  the  Charter  of 
Charles  the  Second,  and  the  organization  of  the  govern- 
ment under  the  same,  in  March  1663 — 1664,  and  extends 
to  the  close  of  the  year  1677,  thereby  including  fourteen 
years  of  the  Colonial  Annals. 

The  Records  of  the  proceedings  of  the  General  Assem- 
bly are  printed  verbatim  from  the  original  manuscript 
copy  in  the  Archives  of  the  State.  In  addition  to  these, 
there  are  inserted  in  their  proper  places,  the  records  of  the 
"  Proceedings  of  the  Governor  and  Council,"  which  held 
frequent  meetings  between  the  Sessions  of  the  General 
Assembly,  during  certain  periods,  and  whose  proceedings 
are  of  equal  historical  importance  with  those  of  the  former 
body.  These  are  also  printed  from  the  original  book  of 
records. 

The  great  Charter  of  Charles  the  Second  precedes  the 
Records,  and  is  an  exact  reprint  from  the  original  docu- 
ment. 

Two  important  events  in  the  history  of  the  Colony  took 


REMARKS. 


place  daring  the  period  included  in  this  volume.  These  are 
the  dispute  with  the  Colony  of  Connecticut  for  the  juris- 
diction of  the  Narragansett  country,  and  the  difficulties 
arising  therefrom,  and  King  Philip's  war.  The  corres- 
pondence and  proceedings  of  the  two  Colonies,  connected 
with  their  claims  to  the  Narragansett  country,  are  printed 
at  length,  for  the  first  time,  in  their  proper  places  in  this 
volume.  Much  of  this  correspondence  was  copied  a  few 
years  since  from  the  records  and  files  in  the  public  Ar- 
chives of  Connecticut,  for  the  Rhode  Island  Historical 
Society.  From  those  copies  these  documents  have  now 
been  printed. 

A  numoer  of  valuable  documents  have  been  taken  from 
the  manuscript  collection  of  John  Carter  Brown,  Esquire,  of 
Providence,  who  kindly  placed  this  collection  at  my  dis- 
posal, for  the  use  of  the  State.  Other  documents  of  value 
have  been  obtained  from  the  office  of  the  Secretary  of 
State,  of  the  State  of  New  York. 

J.  R.  B. 

Providence,  May,  1857. 


RHODE  ISLAND  RECORDS, 


RHODE  ISLAND  RECORDS. 


THE  CHARTER 

OF 

THE  GOVERNOR  AND   COMPANY  OF  THE  ENGLISH 

COLONY  OF 

RHODE  ISLAND  AND  PROVIDENCE  PLANTATIONS  IN  NEW 
ENGLAND,  IN  AMERICA. 

1  6  6  3. 

0<£<ff<H>#E>,  by  the  grace  of  @oi>,  1663. 
ll|  King  of  England,  Scotland,  France  and  Ireland,  De- 
fender  of  the  Faith,  &c,  to  all  to  whome  these  pres- 
ents shall  come,  greeting  :  lllljcrccis  rocc  have  been  inform- 
ed, by  the  humble  petition  of  our  trustie  and  well  beloved 
subject,  John  Clarke,  on  the  behalfe  of  Benjamine  Arnold, 
William  Brenton,  William  Codington,  Nicholas  Easton,  Wil- 
liam Boulston,  John  Porter,  John  Smith,  Samuell  Gorton, 
John  Weeks,  Roger  Williams,  Thomas  Olnie,  Gregorie 
Dexter,  John  Cogeshall,  Joseph  Clarke,  Randall  Hol- 
den,  John  Greene,  John  Roome,  Samuell  Wildbore,  Wil- 
liam Ffield,  James  Barker,  Richard  Tew,  Thomas  Harris, 
and  William  Dyre,  and  the  rest  of  the  purchasers  and  ffree 
inhabitants  of  our  island,  called  UI)ol»c-3slanti,  and  the 
rest  of  the  colonie  of  Providence  Plantations,  in  the  Nar- 
ragansett  Bay,  in  New-England,  in  America,  that  they, 
pursueing,  with  peaceable  and  loyall  mindes,  their  sober, 
serious  and  religious  intentions,  of  godlie  edifieing  them- 
selves, and  one  another,  in  the  holie  Christian  ffaith  and 
worshipp  as  they  were  perswaded  ;  together  with  the 
gaineing  over  and  conversione  of  the  poore  ignorant  Indian 
natives,  in  those  partes  of  America,  to  the  sincere  profes-* 
vol.  u.  1 


KiiCukDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


sionc  and  obedienc  of  the  same  ffaith  and  worship,  did,  not 
onlic  by  the  consent  and  good  encouragement  of  our  royall 
progenitors,  transport  themselves  out  of  this  kingdome  of 
England  intoAmerica,  but  alsoe,  since  their  arrival]  there, 
after  their  first  settlement  anion  gst  other  our  subjects  in 
those  parts,  (Tor  the  avoideing  of  discorde,  and  those  manie 
evills  which  were  likely  to  ensue  upon  some  of  those  oure 
subjects  not  bcinge  able  to  bearc,  in  these  remote  partes, 
theire  different  apprehensiones  in  religious  concernements, 
and  in  pursueance  of  the  afforesayd  ends,  did  *>nce  againe 
leave  theire  desireable  stationes  and  habitationes,  and  with 
excessive  labor  and  travell,  hazard  and  charge,  did  trans- 
plant themselves  into  the  middest  of  the  Indian  natives, 
who,  as  wee  arc  infformcd,  are  the  most  potent  princes 
and  people  of  all  that  country ;  where,  by  the  good  Provi- 
dence of  God,  from  whome  the  Plantationes  have  taken 
their  name,  upon  theire  labour  and  Industrie,  they  have 
not  onlie  byn  preserved  to  admiration,  but  have  increased 
and  prospered,  and  are  seized  and  possessed,  by  purchase 
and  consent  of  the  said  natives,  to  their  ffull  content,  of 
such  lands,  islands,  rivers,  harbours  and  roades,  as  are 
verie  convenient,  both  for  plantationes  and  alsoe  for  build- 
inge  of  shipps,  suplye  of  pype-staves,  and  other  merchan- 
dize ;  and  which  lyes  verie  commodious,  in  manie  respects, 
for  commerce,  and  to  accommodate  oure  southern  planta- 
tiones, and  may  much  advance  the  trade  of  this  oure 
realme,  and  greatlie  enlarge  the  territories  thereof ;  they 
haveinge,  by  neare  neighbourhoode  to  and  friendlie  socie- 
tie  with  the  greate  bodie  of  the  Narragansett  Indians, 
given  them  encouragement,  of  theire  owne  accorde,  to 
subject  themselves,  theire  people  and  landes,  unto  us  ; 
whereby,  as  is  hoped,  there  may,  in  due  tyme,  by  the 
blessing  of  God  upon  theire  endeavours,  bee  layd  a  sure 
(foundation  of  happinesse  to  all  America  :  £lno  mljcrcas, 
in  theire  humble  addresse,  they  have  ffreely  declared,  that 
it  is  much  on  their  hearts  (if  they  may  be  permitted),  to 
hold  forth  a  livelie  experiment,  that  a  most  flourishing 


p 


AND  PROVIDENCE  PLANTATIONS.  5 

civill  state  may  stand  and  best  bee  maintained,  and  that  16G3. 
among  our  English  subjects,  with  a  full  libertie  in  religious  ^*^v^*-' 
concernements  ;  and  that  true  pietye  rightly  grounded  up- 
on gospell  principles,  will  give  the  best  and  greatest 
security  to  sovereignetye,  and  will  lay  in  the  hearts  of 
men  the  strongest  obligations  to  true  loyaltye  :  2Coiu  Immu 
gee,  that  wee  be^inge  willinge  to  encourage  the  hopefull 
undertakeinge  of  oure  sayd  loyall  and  loveinge  subjects, 
and  to  secure  them  in  the  free  exercise  and  enjoyment  of 
all  theire  civill  and  religious  rights,  appertaining  to  them, 
as  our  loveing  subjects  ;  and  to  preserve  unto  them  that 
iibertye,  in  the  true  Christian  ffaith  and  worshipp  of  God, 
which  they  have  sought  with  soe  much  travaill,  and  with 
peaceable  myndes,  and  loyall  subjectione  to  our  royall 
progenitors  and  ourselves,  to  enjoye  ;  and  because  some 
of  the  people  and  inhabitants  of  the  same  colonie  cannot, 
in  theire  private  opinions,  conforme  to  the  publique  exer- 
cise of  religion,  according  to  the  litturgy,  formes  and  cere- 
monyes  of  the  Church  of  England,  or  take  or  subscribe 
the  oaths  and  articles  made  and  established  in  that  be- 
halfe  ;  and  for  that  the  same,  by  reason  of  the  remote  dis- 
tances of  those  places,  will  (as  wee  hope)  bee  noe  breach 
of  the  unitie  and  unifformitie  established  in  this  nation  : 
Have  therefore  thought  Sit,  and  doe  hereby  publish, 
graunt,  ordeyne  and  declare,  That  our  royall  will  and 
pleasure  is,  that  noe  person  within  the  sayd  colonye,  at 
any  tyme  hereafter,  shall  bee  any  wise  molested,  punish- 
ed, disquieted,  or  called  in  question,  for  any  differences  in 
opinione  in  matters  of  religion,  and  doe  not  actually  dis- 
turb the  civill  peace  of  our  sayd  colony  ;  but  that  all  and 
everye  person  and  persons  may,  from  tyme  to  tyme,  and 
at  all  tymes  hereafter,  freelye  and  fullye  have  and  enjoye 
his  and  theire  owne  judgments  and  consciences,  in  matters 
of  religious  concernments,  throughout  the  tract  of  lande 
hereafter  mentioned  ;  they  behaving  themselves  peacea- 
blie  and  quietlie,  and  not  useing  this  libertie  to  lycentious- 
nesse  and  profanenesse,  nor  to  the  civill  injurye  or  out* 


[{KCOKI'S  (IK  THE  COLONS  OL<  RHODE  ISLAND, 


1668.  ward  disturbcanco  of  others;  any  lawe,  statute,  or 
clause,  therein  contayned,  or  to  bee  contayned,  usage  or 
custome  of  this  rcalme,  to  the  contrary  hereof,  in  any 
wise,  notwithstanding.  And  that  they  may  bee  in  the 
better  capacity  to  defend  themselves,  in  theirc  just  rights 
and  libertyes  against  all  the  enemies  of  the  Christian 
Ifaith,  and  others,  in  all  respects,  wee  have  further 
thought  fit,  and  at  the  humble  petition  of  the  persons 
aforcsayd  are  gratiously  pleased  to  declare,  That  they 
shall  have  and  enjoye  the  benefitt  of  our  late  act  of  in- 
dempnity  and  ffree  pardon,  as  the  rest  of  our  subjects  in 
other  our  dominions  and  territoryes  have  ;  and  to  create 
and  make  them  a  bodye  politique  or  corporate,  with  the 
powers  and  priviledges  hereinafter  mentioned.  And  ac- 
cordingly our  will  and  pleasure  is,  and  of  our  especiall 
grace,  certaine  knowledge,  and  meere  motion,  nice  Ijanc 
ovbenneb,  constituted  and  declared,  and  by  these  presents, 
for  us,  our  heires  and  successors,  doe  ordeyne,  constitute 
and  declare,  That  they,  the  sayd  William  Brenton,  William 
Codington,  Nicholas  Easton,  Benedict  Arnold,  William 
Boulston,  John  Porter,  Samuell  Gorton,  John  Smith,  John 
Wcckes,  Roger  Williams,  Thomas  Olneye,  Gregorie  Dex- 
ter, John  Cogeshall,  Joseph  Clarke,  Randall  Ilolden,  John 
Greene,  John  Roome,  William  Dyre,  Samuell  Wildbore, 
Richard  Tew,  William  Ffeild,  Thomas  Harris,  James  Bar- 
ker,   Rainsborrow,    Williams,  and  John 

Nickson,  and  all  such  others  as  now  are,  or  hereafter  shall 
bee  admitted  and  made  ffree  of  the  company  and  societie 
of  our  collonic  of  Providence  Plantations,  in  the  Narra- 
;i nsctt  Bay,  in  New-England,  shall  bee,  from  tyme  to 
tyme,  and  forever  hereafter,  a  bodie  corporate  and  politique, 
in  fi'act  and  name,  by  the  name  of  (£1)0  (Poncrnor  anb  (Horn- 
nevmj  of  tl)c  GEttglisl)  (Eollonic  of  Hhoac~3slanb  anb  |3ront- 
uence  plantations,  in  5\~cui-(!;nglanb,  in  America;  and 
that,  by  the  same  name,  they  and  their  successors  shall 
and  may  have  perpetuall  succession,  and  shall  and 
may  bee  persons  able  and  capable,  int  he  lawe,  to  sue 


AND  PROVIDENCE  PLANTATIONS. 


and  bee  sued,  to  pleade  and  be  impleaded,  to  answeare  16 
and  bee  answeared  unto,  to  defend  and  to  be  defended,  v^~v 
in  all  and  singular  suites,  causes,  quarrels,  matters,  ac- 
tions and  thinges,  of  what  kind  or  nature  soever  ;  and 
alsoe  to  have,  take,  possesse,  acquire  and  purchase,  lands, 
tenements  or  hereditaments,  or  any  goods  or  chattels,  and 
the  same  to  lease,  graunt,  demise,  aliene,  bargaine,  sell 
and  dispose  of,  at  their  owne  will  and  pleasure,  as  other 
our  liege  people  of  this  our  realme  of  England,  or  anie 
corporation  or  bodie  politique  within  the  same,  may  lawe- 
fully  doe  :  ^\nb  further,  that  they  the  sayd  Governor  and 
Company,  and  theire  successors,  shall  and  may,  forever 
hereafter,  have  a  common  seale,  to  serve  and  use  for  all 
matters,  causes,  thinges  and  affaires,  whatsoever,  of  them 
and  their  successors ;  and  the  same  seale  to  alter,  change, 
breake,  and  make  new,  from  tyme  tyme,  at  their  will  and 
pleasure,  as  they  shall  thinke  ffitt.  Crlnb  further,  wee  will 
and  ordeyne,  and  by  these  presents,  for  us,  oure  heires 
and  successours,  doe  declare  and  apoynt  that,  for  the  bet- 
ter ordering  and  managing  of  the  affaires  and  business  of 
the  sayd  Company,  and  theire  successours,  there  shall  bee 
one  Governour,  one  Deputie-Governour  and  ten  Assistants, 
to  bee  from  tyme  to  tyme,  constituted,  elected  and  chos- 
en, out  of  the  freemen  of  the  sayd  Company,  for  the  tyme 
beinge,  in  such  manner  and  fforine  as  is  hereafter  in  these 
presents  expressed  ;  which  sayd  officers  shall  aplye  them- 
selves to  take  care  for  the  best  disposeinge  and  orderinge 
of  the  general!  businesse  and  affaires  of,  and  concerneinge 
the  landes  and  hereditaments  hereinafter  mentioned,  to 
be  graunted,  and  the  plantation  thereof,  and  the  govern- 
ment of  the  people  there.  £lnti,  for  the  better  execution 
of  oure  royall  pleasure  herein,  wee  doe,  for  us,  oure  heires 
and  successours,  assign,  name,  constitute  and  apoynt  the 
aforesayd  Benedict  Arnold  to  bee  the  first  and  present 
Governor  of  the  sayd  Company,  and  the  sayd  William 
Brenton  to  bee  the  Deputy-Governor,  and  the  sayd  Wil- 
liam Boulston,  John  Porter,  Roger  Williams,  Thomas 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG3.  Olnic,  John  Smith,  John  Greene,  John  Cogeshall,  James 
Barker,  William  Efcild,  and  Joseph  Clarke,  to  bee  the 
term  present  Assistants  of  the  sayd  Companye,  to  continue 
in  the  sayd  severall  offices,  respectively,  untill  the  first 
Wednesday  which  shall  bee  in  the  month  of  May  now 
next  comeing.    3ni>  farther,  wee  will,  and  by  these 
presents,  for  us,  our  heires  and  successessours,  doe  ordeyne 
and  graunt,  that  the  Governor  of  the  sayd  Company,  for 
the  tymc  being,  or,  in  his  absence,  by  occasion  of  sick- 
nesse,  or  otherwise,  by  his  leave  and  permission,  the 
'    Deputy-Governor,  flfor  the  tyme  being,  shall  and  may, 
ffrom  tyme  to  tyme,  upon  all  occasions,  give  order  ff6r  the 
assemblinge  of  the  sayd  Company,  and  callinge  them  to- 
gether, to  consult  and  advise  of  the  businesse  and  affaires 
of  the  sayd  Company.    3na  that  forever  hereafter,  twice 
in  every  year,  that  is  to  say,  on  every  first  "Wednesday  in 
the  moneth  of  May,  and  on  every  last  Wednesday  in  Oc- 
tober, or  oftener,  in  case  it  shall  bee  requisite,  the  Assist- 
ants, and  such  of  the  ffreemen  of  the  Company,  not  ex- 
ceedinge  six  persons  ffor  Newport,  ffoure  persons  fFor  each 
of  the  respective  townes  of  Providence,  Portsmouth  and 
Warwicke,  and  two  persons  for  each  other  place,  towne  or 
city,  whoe  shall  bee,  from  tyme  to  tyme,  thereunto  elected 
or  deputed  by  the  majour  parte  of  the  ffreemen  of  the  re- 
spective townes  or  places  ffor  whicht  hey  shall  bee  so  elect- 
ed or  deputed,  shall  have  a  generall  meetinge,  or  Assembly 
then  and  there  to  consult,  advise  and  determine,  in  and 
about  the  affaires  and  businesse  of  the  said  Company  and 
Plantations.    £ino  further,  wee  doe,  of  our  especiall  grace, 
certayne  knowledge,  and  meere  motion,  give  and  graunt 
unto  the  sayd  Governour  and  Company  of  the  English  col- 
lony  of  UI)ok~3slano  anb  ftrcnribcncc  plantations,  in  New- 
England,  in  America,  and  theire  successours,  that  the 
Governour,  or,  in  his  absence,  or,  by  his  permission,  the 
Deputy-Governour  of  the  sayd  Company,  for  the  tyme  be- 
inge,  the  Assistants,  and  such  of  the  ffreemen  of  the  sayd 
Company  as  shall  bee  soe  as  aforesayd  elected  or  deputed, 


AND  PROVIDENCE  PLANTATIONS. 


or  soe  many  of  them  as  shall  bee  present  att  such  meet-  1663 
inge  or  assemblye,  as  affbresayde,  shall  bee  called  the  v 
Generall  Assemblye  ;  and  that  they,  or  the  greatest  parte 
of  them  present,  whereof  the  Governour  or  Deputy-Gov- 
ernour,  and  sixe  of  the  Assistants,  at  least  to  bee  seven, 
shall  have,  and  have  hereby  given  and  graunted  unto  them, 
ffull  power  authority,  ffrom  tyme  tyme,  and  at  all  tymes 
hereafter,  to  apoynt,  alter  and  change,  such  dayes,  tymes 
and  places  of  meetinge  and  Generall  Assemblye,  as  theye 
shall  thinke  -ffitt ;  and  to  choose,  nominate,  and  apoynt, 
such  and  soe  manye  other  persons  as  they  shall  thinke  ffitt, 
and  shall  be  willing  to  accept  the  same,  to  bee  ffree  of  the 
sayd  Company  and  body  politique,  and  them  into  the 
same  to  admitt ;  and  to  elect  and  constitute  such  offices 
and  officers,  and  to  graunt  such  needfull  commissions,  as 
they  shall  thinke  ffitt  and  requisite,  ffor  the  ordering,  man- 
aging and  dispatching  of  the  affaires  of  the  sayd  Govern- 
our and  Company,  and  their  successours  ;  and  from  tyme 
to  tyme,  to  make,  ordeyne,  constitute  or  repeal,  such 
lawes,  statutes,  orders  and  ordinances,  fformes  and  cere- 
monies of  government  and  magistracye  as  to  them  shall 
seeme  meete  for  the  good  and  wellfare  of  the  sayd  Compa- 
ny, and  ffor  the  government  and  ordering  of  the  landes  and 
hereditaments,  hereinafter  mentioned  to  be  graunted,  and 
of  the  people  that  doe,  or  att  any  tyme  hereafter  shall, 
inhabitt  or  bee  within  the  same  ;  soe  as  such  lawes,  ordi- 
nances and  constitutiones,  soe  made,  bee  not  contrary  and 
repugnant  unto,  butt,  as  neare  as  may  bee,  agreeable  to 
the  lawes  of  this  our  realme  of  England,  considering  the 
nature  and  constitutione  of  the  place  and  people  there  ; 
and  alsoe  to  apoynt,  order  and  direct,  erect  and  settle, 
such  places  and  courts  of  jurisdiction,  ffor  the  heareinge 
and  determininge  of  all  actions,  cases,  matters  and 
things,  happening  within  the  sayd  collonie  and  planta- 
tion, and  which  shall  be  in  dispute,  and  depending 
there,  as  they  shall  thinke  ffitt ;  and  alsoe  to  distinguish 
and  sett  forth  the  severall  names  and  titles,  duties,  pow- 
vol.  n.  2 


10 


RECORDS  OF  TITE  COLONY  OF  RHODE  ISLAND, 


IGG3.  era  and  limitts,  of  each  court,  office  and  officer,  superior 
-fv"**' and  inferior;  and  alsoe  to  contrive  and  apoynt  such 
formes  of  oaths  and  attestations,  not  repugnant,  but,  as 
neare  as  may  bee,  agreeable,  as  aforesayd,  to  the  lawes 
and  statutes  of  this  oure  realme,  as  are  conveniente  and 
requisite,  with  respect  to  the  due  administration  of  jus- 
tice, and  due  execution  and  discharge  of  all  offices  and 
places  of  trust  by  the  persons  that  shall  bee  therein  con- 
cerned ;  and  alsoe  to  regulate  and  order  the  waye  and 
manner  of  all  elections  to  offices  and  places  of  trust,  and  to 
prescribe,  limitt  and  distinguish  the  numbers  and  boundes 
of  all  places,  townes  or  cityes,  within  the  limitts  and 
bounds  herein  after  mentioned,  and  not  herein  particularlie 
named,  who  have,  and  shall  have,  the  power  of  electing 
and  sending  of  ffVeemen  to  the  sayd  Generall  Assembly  ; 
.and  alsoe  to  order,  direct  nd  aauthorize  the  imposing  of  law- 
full  and  reasonable  flynes,  mulcts,  imprsonments,  and  exe- 
cuting other  punishments  pecuniary  and  corporal,  upon  of- 
fenders and  delinquents,  according  to  the  course  of  other  cor- 
porations within  this  oure  kingdom  of  England ;  and  agayne 
to  alter,  revoke,  annull  or  pardon,  under  their  common  seale 
or  otherwyse,  such  ffynes,  mulcts,  imprisonments,  sentenc- 
es, judgments  and  condemnations,  as  shall  bee  thought 
ffitt  ;  and  to  direct,  rule,  order  and  dispose  of,  all  other 
matters  and  things,  and  particularly  that  which  relates  to 
the  makinge  of  purchases  of  the  native  Indians,  as  to 
them  shall  seeme  meete  ;  whereby  oure  sayd  people  and 
inhabitants,  in  the  sayd  Plantationes,  may  be  soe  religious- 
ly, peaceably  and  civilly  governed,  as  that,  by  theire 
good  life  and  orderlie  conversatione,  they  may  win  and  in- 
vite the  native  Indians  of  the  countrie  to  the  knowledge 
and  obedience  of  the  onlie  true  God,  and  Saviour  of  man- 
kinde  ;  willing,  commanding  and  requircing,  and  by 
these  presents,  for  us,  oure  heires  and  successours,  or- 
deyneing  and  apoynting,  that  all  such  lawes,  statutes, 
orders  and  ordinances,  instructions,  impositions  and  di- 
rectiones,  as  shall  bee  soe  made  by  the  Governour,  depu- 


AjND  providence  plantation's. 


iye-Governour,  Assistants  and  (Freemen,  or  such  number  166 
of  them  as  aforesayd,  and  published  in  writinge,  under  v-"~' 
theirc  common  seale,  shall  bee  carefully  and  duely  ob- 
served, kept,  performed  and  putt  in  execution,  accord- 
ing^ to  the  true  intent  and  meaning  of  the  same.  3nu 
these  our  letters  pattent,  or  the  duplicate  or  exemplifica- 
tion thereof,  shall  bee  to  all  and  evcrie  such  officer,  supe- 
riour  or  inferiour,  ffrom  tyme  to  tyme,  for  the  putting  of 
the  same  orders,  lawes,  statutes,  ordinances,  instructions 
and  directions,  in  due  execution,  against  us,  oure 
heires  and  successours,  a  sufficient  warrant  and  discharge, 
vino  ffurtljcr,  our  will  and  pleasure  is,  and  wee  doe  here- 
by, for  us,  oure  heires  and  successours,  establish  and  or- 
deyne,  that  yearelie,  once  in  the  yeare,  forever  hereafter, 
namely,  the  aforesayd  Wednesday  in  May,  and  at  the 
towne  of  Newport,  or  elsewhere,  if  urgent  occasion  doe 
require,  the  Governour,  Deputy-Governour  and  Assistants 
of  the  sayd  Company,  and  other  officers  of  the  sayd  Com- 
pany, or  such  of  them  as  the  Generall  Assemblye  shall 
thinke  ffitt,  shall  bee,  in  the  sayd  Generall  Court  or  As- 
sembly to  bee  held  from  that  daye  or  tyme,  newely  chos- 
en for  the  year  ensueing,  by  such  greater  part  of  the 
sayd  Company,  for  the  tyme  beinge,  as  shall  bee  then  and 
there  present ;  anb  if  itt  shall  happen  that  the  present 
Governour,  Deputy-Governour  and  Assistants,  by  these 
presents  apoynted,  or  any  such  as  shall  hereafter  be  new- 
ly chosen  into  their  roomes,  or  any  of  them,  or  any  other 
the  officers  of  the  sayd  Company,  shall  die  or  bee  removed 
ffrom  his  or  their  severall  offices  or  places,  before  the  sayd 
generall  day  of  election  (whom  wee  doe  hereby  declare, 
for  any  misdemeanour  or  default,  to  be  removeable  by  the 
Governour,  Assistants  and  Company,  or  such  greater  parte 
of  them,  in  any  of  the  sayd  publique  courts,  to  bee  assem- 
bled as  aforesayd),  that  then,  and  in  every  such  case,  it 
shall  and  may  bee  lawfull  to  and  ffor  the  sayd  Governour, 
Deputy- Governour,  Assistants  and  Company  aforesayde, 
or  such  greater  parte  of  them,  soe  to  bee  assembled  as  is 


12  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1663.  aforesayde,  in  any  thcire  assemblyes,  to  proccede  to  a  new 
v-^v-w  election  of  one  or  more  of  their  Company,  in  the  roome 
or  place,  roomcs  or  places,  of  such  officer  or  officers,  soe 
dyeinge  or  removed,  according  to  theire  discretiones  ; 
and  immediately  upon '  and  after  such  electione  or  elec- 
lions  made  of  such  Governour,  Dcputy-Governour  or  As- 
sistants, or  any  other  officer  of  the  sayd  Company,  in 
manner  and  forme  aforesayde,  the  authoritie,  office  and 
power,  before  given  to  the  fFormer  Governour,  Deputy- 
Governour,  and  other  officer  and  officers,  soe  removed,  in 
whose  steade  and  place  new  shall  be  chosen,  shall,  as  to 
him  and  them,  and  every  of  them,  respectively,  cease  and 
determine  :  JJrcmiitctf,  allwayes,  and  our  will  and  pleasure 
is,  that  as  well  such  as  are  by  these  presents  apoynted  to 
bee  the  present  Governour,  Deputy- Governour  and  Assist- 
ants, of  the  sayd  Company,  as  those  that  shall  succeedc 
them,  and  all  other  officers  to  bee  apoynted  and  chosen  a$ 
aforesayde,  shall,  before  the  undertakeinge  the  execu- 
tion of  the  sayd  offices  and  places  respectively,  give 
theire  solemn  engagement,  by  oath,  or  otherwyse,  for  the 
due  and  faythfull  performeance  of  theire  duties  in  their 
severall  offices  and  places,  before  such  person  or  persons 
as  are  by  these  presents  hereafter  apoynted  to  take  and 
receive  the  same,  that  is  to  say  :  the  sayd  Benedict  Ar- 
nold, whoe  is  hereinbefore  nominated  and  apoynted  the 
present  Governour  of  the  sayd  Company,  shall  give  the 
aforesayd  engagement  before  William  Brenton,  or  any  two 
of  the  sayd  Assistants  of  the  sayd  Company  ;  unto 
whome,  nice  boc  by  these  presentes  give  ffull  power  and 
authority  to  require  and  receive  the  same  ;  and  the  sayd 
William  Brenton,  whoe  is  hereby  before  nominated  and 
apoynted  the  present  Deputy-Governour  of  the  sayd  Com- 
pany, shall  give  the  aforesayd  engagement  before  the  sayd 
Benedict  Arnold,  or  any  two  of  the  Assistants  of  the  sayd 
Company  ;  unto  whome  iucc  uoc  by  these  presents  give 
Hull  power  and  authority  to  require  and  receive  the  same  ; 
and  the  sayd  William  Boulston,  John  Porter,  Roger  Wil- 


AND  PROVIDENCE  PLANTATIONS. 


13 


Hams,  Thomas  Olneye,  John  Smith,  John  Greene,  John  1663. 
Cogeshall,  James  Barker,  "William  Ffeild,  and  Joseph «a»SH* 
Clarke,  whoe  are  hereinbefore  nominated  apoynted  the 
present  Assistants  of  the  sayd  Company,  shall  give  the 
sayd  engagement  to  theire  offices  and  places  respectively 
belongeing,  before  the  sayd  Benedict  Arnold  and  William 
Brenton,  or  one  of  them  ;  to  whome,  respectively  tucc  i>cc 
hereby  give  ffull  power  and  authority  to  require,  adminis- 
ter or  receive  the  same  :  ftnft  ffurtrjcr,  our  will  and  plea- 
sure is,  that  all  and  every  other  future  Governour  or 
Deputy-Governour,  to  bee  elected  and -chosen  by  vertue 
of  these  presents,  shall  give  the  sayd  engagement  before 
two  or  more  of  the  sayd  Assistants  of  the  sayd  Company 
Qbr  the  tvme  beinge  ;  unto  whome  wee  doe  by  these 
presents  give  ffull  power  and  authority  to  require,  admin- 
ister or  receive  the  same  ;  and  the  sayd  Assistants,  and 
every  of  them,  and  all  and  every  other  officer  or  officers  to 
bee  hereafter  elected  and  chosen  by  vertue  of  these  pres- 
ents, from  tyme  to  tyme,  shall  give  the  like  engagements, 
to  their  offices  and  places  respectively  belonging,  before  the 
Governour  or  Deputy-Governour  for  the  tyme  being  ;  un- 
to which  sayd  Governour,  or  Deputy-Governour,  voce  ooc 
by  these  presents  give  full  power  an  J  authority  to  require, 
administer  or  receive  the  same  accordingly.  ~liui  voce 
lioc  likewise,  for  vs,  oure  heires  and  successours,  give  and 
graunt  vnto  the  sayd  Governour  and  Company,  and  theire 
successours,  by  these  presents,  that,  for  the  more  peacea- 
ble and  orderly  government  of  the  sayd  Plantations,  it 
shall  and  may  bee  lawfull  ffor  the  Governour,.  Deputy- 
Governour,  Assistants,  and  all  other  officers  and  ministers 
of  the  sayd  Company,  in  the  administration  of  justice,  and 
exercise  of  government,  in  the  sayd  Plantations,  to  vse, 
exercise,  and  putt  in  execution,  such  methods,  rule's,  or- 
ders and  directions,  not  being  contrary  or  repugnant  to 
the  laws  and  statutes  of  this  oure  realme,  as  have  byn 
heretofore  given,  vsed  and  accustomed,  in  such  cases  re- 
spectively, to  be  putt  in  practice,  untill  att  the  next  or 


14 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


10(53.  some  other  Gcncrall  Assembly,  spcciall  provision  shall  be 
v*Tv^/made  and  ordeyned  in  the  cases  aforesayd.  urlnit  met  tioe 
ffurtljiT,  for  vs,  ourc  heires  and  successours,  give  and 
graunt  vnto  the  sayd  Governour  and  Company,  and  theiro 
successours,  by  these  presents,  that  itt  shall  and  may  bee 
lawfull  to  and  for  the  sayd  Governour,  or  in  his  absence, 
the  Deputy-Governour,  and  majour  parte  of  the  sayd  As- 
sistants, for  the  tyme  being,  att  any  tyme  when  the  sayd 
Generall  Assembly  is  not  sitting,  to  nominate,  apoynt  and 
constitute,  such  and  soe  many  commanders,  govcrnours, 
and  military  officers,  as  to  them  shall  seeme  requisite,  for 
the  leading,  conductinge  and  trayneing  vpp  the  inhabit- 
ants of  the  sayd  Plantations  in  martiall  affaires,  and  for 
the  defence  and  safeguard  of  the  sayd  Plantations  ;  and 
that  itt  shall  and  may  bee  lawfull  to  and  for  all  and  every 
such  commander,  governour  and  military  officer,  that  shall 
bee  soe  as  aforesayd,  or  by  the  Governour,  or,  in  his  ab- 
sence, the  Deputy-Governour,  and  six  of  the  sayd  Assist- 
ants, and  majour  parte  of  the  ffrecmen  of  the  sayd  Com- 
pany present  att  any  Generall  Assemblies,  nominated, 
apoynted  and  constituted  accordinge  to  the  tenor  of  his 
and  theire  respective  commissions  and  directions,  to  as- 
semble, exercise  in  affties,  martiall  array,  and  putt  in  war- 
lyke  posture,  the  inhabitants  of  the  sayd  collonie,  ffor 
theire  speciall  defence  and  safety  ;  and  to  lead  and  con- 
duct the  sayd  inhabitants,  and  to  encounter,  expulse,  ex- 
pell  and  resist,  by  force  of  armes,  as  well  by  sea  as  by 
lande  ;  and  alsoe  to  kill,  slay  and  destroy,  by  all  fitting 
wayes,  enterprizes  and  meanes,  whatsoever,  all  and  every 
such  person  or  persons  as  shall,  att  any  tyme  hereafter, 
attempt  or  cnterprizc  the  destruction,  invasion,  detriment 
•  or  annoyance  of  the  sayd  inhabitants  or  Plantations  ;  and 

to  vse  and  exercise  the  lawe  martiall  in  such  cases  only  as 
occasion  shall  necessarily  require  ;  and  to  take  or  surprise, 
by  all  wayes  and  meanes  whatsoever,  all  and  every  such 
person  and  persons,  with  theire  shipp  or  shipps,  armor, 
ammunition  or  other  goods  of  such  persons,  as  shall,  in 


AND  PROVIDENCE  PLANTATIONS. 


15 


hostile  manner,  invade  or  attempt  the  defeating  of  the  1663. 
sayd  Plantations,  or  the  hurt  of  the  sayd  Company  and  in-  ^-^-v-** 
habitants  ;  and  vpon  just  causes,  to  invade  and  destroy 
the  native  Indians,  or  other  enemyes  of  the  sayd  Collony. 
Neverthelesse,  our  will  and  pleasure  is,  and  wee  doe 
hereby  declare  to  the  rest  of  oure  Collonies  in  New-Eng- 
knd,  that  itt  shall  not  bee  lawefull  ffor  this  our  sayd  Col- 
lony of  Rhode-Island  and  Providence  Plantations,  in 
America,  in  New-England,  to  invade  the  natives  inhabit- 
ing within  the  boundes  and  limitts  of  theire  sayd  Collonies 
without  the  knowledge  and  consent  of  the  sayd  other  Col- 
lonies. And  itt  is  hereby  declared,  that  itt  shall  not  bee 
lawfull  to  or  ffor  the  rest  of  the  Collonies  to  invade  or  mo- 
lest the  native  Indians,  or  any  other  inhabitants,  inhabit- 
ing within  the  bounds  and  lymitts  hereafter  mentioned 
(they  having  subjected  themselves  A'nto  vs,  and  being  by 
vs  taken  into  our  speciall  protection),  without  the  knowl- 
edge and  consent  of  the  Governour  and  Company  of  our 
Collony  of  Rhode-Island  and  Providence  Plantations. 
Alsoe  our  will  and  pleasure  is,  and  wee  doe  hereby  de- 
clare unto  all  Christian  Kings,  Princes  and  States,  that  if 
any  person,  which  shall  hereafter  bee  of  the  sayd  Compa- 
ny or  Plantations,  or  any  other,  by  apoyntment  of  the 
sayd  Governour  and  Company  for  the  tyine  beinge, 
shall  at  any  tyme  or  tymes  hereafter,  rob  or'  spoyle, 
by  sea  or  land,  or  do  any  hurt,  unlawfull  hostillity 
to  any  of  the  subjects  of  vs,  oure  heires  or  successours, 
or  any  of  the  subjects  of  any  Prince  or  State,  beinge  then 
in  league  with  vs,  oure  heires,  or  successours,  vpon  com- 
plaint of  such  injury  done  to  any  such  Prince  or  State, 
or  theire  subjects,  wee,  our  heires  and  successours,  will 
make  open  proclamation  within  any  parts  of  oure  realme 
of  England,  ffitt  ffor  that  purpose,  that  the  person  or  per- 
sons committing  any  such  robbery  or  spoyle  shall,  with- 
in the  tyme  lymitted  by  such  proclamation,  make  full  res- 
stitution  or  satisfaction  of  all  such  injuries,  done  or  com- 
mitted, soe  as  the  sayd  Prince,  or  others  soe  complainer 


10 


RECOEDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG3.  ingc,  may  bcc  fully  satisfied  and  contented ;  and  if  the 
^"v-^  sayd  person  or  persons  whoe  shall  conimitt  any  such  rob- 
bery or  spoyle  shall  not  make  satysfaction,  accordingly, 
within  such  tyme,  soe  to  bee  lymitted,  that  then  wee, 
oure  heires  and  succeesours,  will  putt  such  person  or  per- 
sons out  of  oure  allegiance  and  protection  ;  and  that  then 
itt  shall  and  may  bee  lawefull  and  ffree  lfor  all  Princes  or 
others  to  prosecute,  with  hostillity,  such  offenders,  and 
every  of  them,  thcire  and  every  of  theire  procurers, 
uyders,  abettors  and  counsellors,  in  that  behalfe  ;  prevail- 
ro  alsoe,  and  oure  expresse  will  and  pleasure  is,  ano  nice 
iicic,  by  these  presents,  lfor  vs,  our  heirs  and  successours3 
ordeyne  and  apoynt,  that  these  presents  shall  not,  in  any 
manner,  hinder  any  of  oure  lovinge  subjects,  whatsoever, 
ffrom  vseing  and  exerciseing  the  trade  of  ffishing  vpon  the 
coast  of  New-England,  in  America  ;  butt  that  they,  and 
every  or  any  of  them,  shall  have  ffull  and  ffree  power  and 
liberty  to  continue  and  vse  the  trade  of  ffishing  vpon  the 
sayd  coast,  in  any  of  the  seas  thereunto  adjoyninge,  or 
any  armes  of  the  seas,  or  salt  water,  rivers  and  creeks, 
where  they  have  been  accustomed  to  ffish  ;  and  to  build 
and  to  sett  upon  the  waste  land,  belonginge  to  the  sayd 
Collony  and  Plantations,  such  wharfes,  stages  and  worke- 
houses  as  shall  be  necessary  for  the  salting,  drying  and 
keepeing  of  theire  ffish,  to  be  taken  or  gotten  upon  that 
coast,  wlni)  ffurtljcr,  for  the  encouragement  of  the  inhab- 
itants of  our  sayd  Collony  of  Providence  Plantations  to 
sett  vpon  the  businesse  of  takeing  whales,  itt  shall  bee 
lawefull  ffor  them,  or  any  of  them,  having  struck  whale, 
dubertus,  or  other  greate  ffish,  itt  or  them,  to  pursue  unto 
any  parte  of  that  coaste,  and  into  any  bay,  river,  cove, 
creeke  or  shoare,  belonging  thereto,  and  itt  or  them,  vpon 
the  sayd  coaste,  or  in  the  sayd  bay,  river,  cove,  creeke  or 
shoare,  belonging  thereto,  to  kill  and  order  for  the  best 
advantage,  without  molestation,  they  makeing  noe  wilfull 
waste  or  spoyle,  any  thinge  in  these  presents  conteyned, 
or  any  other  matter  or  thing,  to  the  contrary  notwith- 


AND  PROVIDENCE  PLANTATIONS. 


17 


standing.    And  further  alsoe,  wee  are  gratiously  pleased,  1664. 
and  doe  hereby  declare,  that  if  any  of  the  inhabitants  of  ^-v-** 
oure  sayd  Collony  doc  sett  upon  the  plantingc  of  vine- 
yards (the  soyle  and  clyinate  both  seemeing  naturally  to 
concuri'  to  the  production  of  wynes),  or  bee  industrious  in 
the  discovery  of  ffishing  banks,  in  or  about  the  sayd  Col- 
lony, wee  will,  ffroin  tyme  to  tyme,  give  and  allow  all  due 
and  fitting  encouragement  therein,  as  to  others  in  cases  of 
lyke  nature.    And  further,  of  oure  more  ample  grace, 
certayne  knowledge,  and  meere  motion,  wee  have  given 
and  graunted,  and  by  these  presents,  ffor  vs,  oure  heires 
and  successours,  doe  give  and  graunt  vnto  the  sayd  Gov- 
ernour  and  Company  of  the  English  Collony  of  Rhode- 
Island  and  Providence  Plantations,  in  the  Narragansett 
Bay,  in  New-England  in  America,  and  to  every  inhabitant 
there,  and  to  every  person  and  persons  trading  thither, 
and  to  every  such  person  or  persons  as  are  or  shall  bee 
ffree  of  the  sayd  Collony,  full  power  and  authority,  from 
tyme  to  tyme,  and  att  all  tymes  hereafter,  to  take,  shipp, 
transport  and  carry  away,  out  of  any  of  our  realmes  and 
dominions,  for  and  towards  the  plantation  and  defence  of 
the  sayd  Collony,  such  and  soe  many  of  oure  loveing  sub- 
jects and  strangers  as  shall  or  will  willingly  accompany 
them  in  and  to  their  sayd  Collony  and  Plantation  ;  except 
.such  person  or  persons  as  are  or  shall  be  therein  restrained 
by  vs,  oure  heires  and  successours,  or  any  law  or  statute 
of  this  realme  :  and  alsoe  to  shipp  and  transport  all  and 
all  manner  of  goods*  chattels,  merchandizes,  and  other 
things  whatsoever,  that  are  or  shall  bee  vsefull  or  necessary 
ffor  the  sayd  Plantations,  and  defence  thereof,  and  vsual- 
ly  transported,  and  nott  prohibited  by  any  lawe  or  statute 
of  this  our  realme  ;  yielding  and  paying  vnto  vs,  our 
heires  and  successours,  such  the  duties,  customes  and  sub- 
sidies, as  are  or  ought  to  bee  payd  or  payable  for  the 
same.    And  ffurther,  our  will  and  pleasure  is,  and  wee 
doe,  ffor  us,  our  heires  and  successours,  ordeyn,  declare 
and  graunt,  vnto  the  sayd  Governour  and  Company,  and 

VOL.  II.  3 


18 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


10G4.  their  successours,  that  all  and  every  the  subjects  of  vs, 
-^"■^our  heirea  and  successours,  which  are  already  planted  and 
settled  within  our  sayd  Collony  of  Providence  Plantations, 
or  which  shall  hereafter  goe  to  inhabit  within  the  sayd 
Collony,  and  all  and  every  of  thcire  children,  whioh  have 
byn  borne  there,  or  which  shall  happen  hereafter  to  bee 
borne  there,  or  on  the  sea,  goeing  thither,  or  retourneing 
from  thence,  shall  have  and  enjoye  all  libertyes  and  im- 
munityes  of  ffree  and  natural]  subjects  within  any  the  do- 
minions of  vs,  our  heires  or  successours,  to  all  intents,  con- 
structions and  purposes,  whatsoever,  as  if  they,  and  every 
of  them,  were  borne  within  the  realme  of  England.  And 
Ifurther,  know  ye,  that  wee,  of  our  more  abundant  grace, 
certain  knowledge  and  meere  motion,  have  given,  graunt- 
ed  and  confirmed,  and,  by  these  presents,  for  vs,  our 
heires  and  successours,  doe  give,  graunt  and  confirme, 
vnto  the  sayd  Governour  and  Company,  and  theire  suc- 
cessours, all  that  parte  of  our  dominiones  in  New-Eng- 
land, in  America,  conteyneing  the  Nahantick  and  Nanhy- 
ganset  Bay,  and  countryes  and  partes  adjacent,  bounded 
on  the  west,  or  westerly,  to  the  middle  or  channel  of  a 
river  there,  commonly  called  and  known  by  the  name  of 
Pawcatuck,  alias  Pawcawtuck  river,  and  soe  along  the 
sayd  river,  as   the   greater  or  middle  streame  thereof 
reacheth  or  lyes  vpp  into  the  north  country e,  northward, 
unto  the  head  thereof,  and  from  thence,  by  a  streight  lyne 
drawne  due  north,  vntill  itt  meets  with  the  south  lyne  of 
the  Massachusetts  Collonie  ;  and  on  the  north,  or  north- 
erly, by  the  aforesayd  south  or  southerly  lyne  of  the  Mas- 
sachusettes  Collony  or  Plantation,  and  extending  towards 
the  east,  or  eastwardly,  three  English  miles  to  the  east  and 
north-east  of  the  most  eastern  and  north-eastern  parts  of  the 
aforesayd  Narragansett  Bay,  as  the  sayd  bay  lyeth  or  ex- 
tendeth  itself  from  the  ocean  on  the  south,  or  southward- 
ly, vnto  the  mouth  of  the  river  which  runneth  towards  the 
towne  of  Providence,  and  from  thence  along  the  eastward- 
ly side  or  bankc  of  the  sayd  river  (higher  called  by  the 


AND  PROVIDENCE  PLANTATIONS. 


19 


name  of  Seacunck  river),  vp  to  the  flails  called  Patuckett  1664. 
ffalls,  being  the  most  westwardly  lyne  of  Plymouth  Col-  v-^v-*- 
lony,  and  soe  from  the  sayd  ffalls,  in  a  streight  lyne,  due 
north,  untill  itt  meete  with  the  aforesayd  lyne  of  the  Mas- 
sachusetts Collony  ;  and  bounded  on  the  south  by  the 
ocean  :  and,  in  particular,  the  lands  belonging  to  the 
townes  of  Providence,  Pawtuxet,  Warwicke,  Misquam- 
rnacok,  alias  Pawcatuck,  and  the  rest  vpon  the  maine 
land  in  the  tract  aforesayd,  together  with  Rhode-Island, 
Blocke-Island,  and  all  the  rest  of  the  islands  and  banks  in 
the  Narragansett  Bay,  and  bordering  vpon  the  coast  of 
the  tract  aforesayd  (Ffisher's  Island  only  excepted),  to- 
gether with  all  firme  lands,  soyles,  grounds,  havens,  ports, 
rivers,  waters,  ffishings,  mines  royall,  and  all  other  mynes, 
inineralls,  precious  stones,  quarries,  woods,  wood-grounds, 
rocks,  slates,  and  all  and  singular  other  commodities,  ju- 
risdictions, royalties,  priviledges,  franchises,  prehemi- 
nences  and  hereditaments,  whatsoever,  within  the  sayd 
tract,  bounds,  landes,  and  islands,  aforesayd,  or  to  them 
or  any  of  them  belonging,  or  in  any  wise  appertaining  : 
to  have  and  to  hold  the  same,  vnto  the  sayd  Governour 
and  Company,  and  their  successours,  forever,  vpon  trust, 
for  the  vse  and  benefitt  of  themselves  and  their  associates, 
ffreemen  of  the  sayd  Collony,  their  heires  and  assignes, 
to  be  holden  of  vs,  our  heires  and  successours,  as  of  the 
Mannor  of  East-Greenwich,  in  our  county  of  Kent,  in  free 
and  common  soccage,  and  not  in  capite,  nor  by  knight 
service  ;  yeilding  and  paying  therefor,  to  vs,  our  heires 
and  successours,  only  the  fifth  part  of  all  the  oare  of  gold 
and  silver  which,  from  tyme  to  tyme,  and  att  all  tymes 
hereafter,  shall  bee  there  gotten,  had  or  obtained,  in  lieu 
and  satisfaction  of  all  services,  duties,  ffynes,  forfeitures, 
made  or  to  be  made,  claimes  and  demands,  whatsoever,  to 
bee  to  vs,  our  heires  or  successours,  therefor  or  thereout 
rendered,  made  or  paid  ;  any  graunt,  or  clause  in  a  late 
graunt,  to  the  Governour  and  Company  of  Connecticut!, 
Collony,  in  America,  to  the  contrary  thereof  in  anv  wi?<> 


20 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.  notwithstanding  ;  the  aforesayd  Pawcatuck  river  havcing 
-*-v-«»^byn  yeilded,  after  much  debate,  for  the  fixed  and  certain 
boundes  bctwecne  these  our  sayd  Collonies,  by  the  agents 
thereof;  whoc  have  alsoe  agreed,  that  the  sayd  Pawca- 
tuck river  shall  bee  alsoc  called  alias  Norrogansett  or  Nar- 
rogansett  river ;   and,  to  prevent  future  disputes,  that 
otherwise  might  arise  thereby,  forever  hereafter  shall  bee 
construed,  deemed  and  taken  to  bee  the  Narragansett  river 
in  our  late  graimt  to  Conhccticutt  Collony  mentioned  as 
the  easterly  bounds  of  that  Collony.    Tinu  fuvtljcr,  our 
will  and  pleasure  is,  that  inall  matters  of  publiquc  con- 
troversy which  may  fall  out  betweene  our  Collony  of 
Providence  Plantations,  and  the  rest  of  our  Collonies  in 
New-England,  itt  shall  and  may  bee  lawfull  to  and  for  the 
Govcrnour  and  Company  of  the  sayd  Collony  of  Provi- 
dence Plantations  to  make  their  appeales  therein  to  vs,  our 
heirs  and  successours,  for  redresse  in  such  cases,  within 
this  our  realme  of  England  :  and  that  itt  shall  bee  lawfull 
to  and  for  the  inhabitants  of  the  sayd  Collony  of  Provi- 
dence Plantations,  without  let  or  molestation,  to  passe  and 
repasse  with  freedome,  into  and  thorough  the  rest  of  the 
English  Collonies,  vpon  their  lawfull  and  civill  occasions, 
and  to  converge,  and  hold  commerce  and  trade,  with  such 
of  the  inhabitants  of  our  other  English  Collonies  as  shall 
bee  willing  to  admitt  them  therunto,  they  behaveing 
themselves  peaceably  among  them  ;  any  act,  clause  or 
sentence,  in  any  of  the  sayd  Collonies  provided,  or  that 
shall  bee  provided,  to  the  contrary  in  anywise  notwith- 
standing    3,nb  lastly,  wee  ooc,  for  vs,  our  heires  and  suc- 
cessours, ordeyne  and  graunt  vnto  the  sayd  Governor  and 
Company,  and  their  successours,  and  by  these  presents, 
that  these  our  letters  patent  shall  be  firme,  good,  effectuall 
and  available  in  all  things  in  the  lawe,  to  all  intents,  con- 
structions and  purposes  whatsoever,  according  to  our  true 
intent  and  meaning  hereinbefore  declared  ;    and  shall 
bee  construed,  reputed  and  adjudged  in  all  cases  most  fa- 
vourably on  the  behalfe,  and  for  the  benefltt  and  behoofe, 


AND  PROVIDENCE  PLANTATIONS. 


21 


of  the  sayd  Governor  and  Company,  and  their  successours  ;  16G4. 
although  c* press  mention  of  the  true  yearly  value  or  cer-  v-"-v~* 
•tainty  of  the  premises,  or  any  of  them,  or  of  any  other 
gifts  or  graunts  by  vs,  or  by  any  of  our  progenitors  or  pre- 
decessors, heretofore  made  to  the  sayd  Governor  and  Com- 
pany of  the  English  Collony  of  Rhode-Island  and  Provi- 
dence Plantations,  in  the  Narragansett  Bay,  New-England, 
in  America,  in  these  presents  is  not  made,  or  any  statute, 
act,  ordinance,  provision,  proclamation  or  restriction, 
heretofore  had,  made,  enacted,  ordeyned  or  provided,  or 
any  other  matter,  cause  or  thing  whatsoever,  to  the  con- 
trary thereof  in  anywise  notwithstanding.  Jn  luitncs 
whereof,  wee  have  caused  these  our  letters  to  bee  made 
patent,  lllitncs  ourself  att  Westminster,  the  eighth  day  of 
July,  in  the  fifteenth  year  of  our  reigne. 

By  the  King:  HOWARD, 


22  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

16G4. 

RHODE  ISLAND  RECORDS 


The  Proceedings  of  the  General  Assembly  sitting  at  New- 
port, March  the  first,  1GG3,  64.  The  names  of  the  Mag- 
istrates and  Deputyes  followes. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  William  Brenton,  Deputy  Governor. 

ASSISTANTS. 

Mr.  William  Feild,  Mr.  John  Coggeshall, 

Mr.  Thomas  Olneye,  Mr.  Joseph  Clarke, 

Mr.  Roger  Williams,  Mr.  James  Barker, 

Mr.  William  Balston,  Mr.  John  Greene, 

Mr.  John  Porter,  Mr.  Randall  Howlden. 

DEPUTIES. 

Mr.  Arthur  Fcnner,  Mr.  Richard  Tew, 

Mr.  Thomas  Harris,  Sen'r,  Capt.  John  Cranston, 

Mr.  Zachary  Rhodes,  Mr.  William  Dyer, 

Mr.  John  Browne,  Mr.  John  Gould, 

Lieut.  John  Albro,  Mr.  Caleb  Carr, 

Mr.  John  Tripp,  Mr.  Samuel  Gorton, 

Mr.  Lot  Strange,  Mr.  John  Wickes, 

Mr.  John  Sanford,       -  Mr.  Randall  Howlden, 

Mr.  John  Card,  Mr.  Edmund  Calverly. 

The  Governor,  Deputy  Governor  and  Assistants,  toge- 
his  absence  ther  with  the  deputies  chosen    by  the  Townes,  being 

the  Deputy 

Governor,  assembled  together  lawfully,  according  to  order  of  the 
Councill  and  warrant  from  the  Governor,  &c,  doe  vnani- 
mously  declare,  That  the  Governor,  and  in  his  absence  the 
deputy  Governor,  is  Moderator  or  Speaker  of  this  Asscm- 


The  Gov'r  to 
be  modera- 
tor, and  in 


AND  PROVIDENCE  PLANTATIONS. 


23 


bly,  in  order  to  the  proposing,  ajetating  and  concluding  a  1664. 
fattier  way  and  forme  for  the  managing  of  manner  of,  and 
proceeding  in  those  Courts  that  are  the  General  Assembly 
of  the  Collony,  that  soe  ther  transactions  may  be  regulat- 
ed and  manedged  according  to  the  true  intent  of  the  Char- 
ter granted  to  this  Collony  by  our  Soveraighn  lord  the 
King,  &c.  :  and  the  sayd  Governor,  or  in  his  absence,  the 
deputy  Governor  is  soe  to  be  Moderator,  and  vntill  vpon 
reading  and  considering  of  the  Charter,  the  Assembly 
shall  see  cause  to  declare  and  order  a  certayne  way  for 
futuer  in  that  respect. 

Att  the  Generall  Assembly  sitting  at  Newport,  for  the  Col- 
lony of  Rhode  Island  and  Providence  Plantations,  $•<?., 
March  1,  1663,  64  ;  and  in  the  sixteenth  yeare  of  the 
rayne  of  our  Soveraigne  Lord  the  King,  fyc. 

The  Generall  Assembly  being  mett  in  obediance  vnto,  4"  pitting r 
and  in  order  for  the  putting  in  actual  practices  according- pnracCticetho 
ly,  those  pertickelars  contayned  in  the  Royall  pattent  It thecanr- 
granted  to  vs  by  our  Sovereign  Lord  the  King  Charles  the 
Second  of  England,  Scotland,  France  and  Ireland,  and  do- 
minions and  territoryes  therevnto  belonging,  &c.  This 
being  in  regard  of  the  season  of  the  yeare,  the  soonest 
time  the  Assembly  could  meet  since  the  sayd  pattent 
came  ;  and  finding  that  by  the  care  of  the  Governor, 
deputy  Governor  and  Council],  ingaged  that  in  this  first 
past  intervall  the  Government  hath  bene  kept  in  such  a 
forme  as  hath  bene  correspondant  to  the  sayd  Charter,  and 
as  necessary  to  the  keeping  good  order  accordingly  in  the 
Collony  hethervnto.  Now  wee,  being  by  the  same  good 
hand  of  Providence  and  gratious  favour  of  our  Lord  the 
King,  and  by  the  care  and  call  of  the  Governor  and 
Councill  aforesayd,  assembled  togeher,  and  haveing  seene 
and  heard,  and  well  considered  the  contents  of  the  sayd 
most  ample  Charter  and  grant,  doe  vnanimously  agree, 
conclude  and  ordayne,  that  it  be  recorded  in  the  forefront 


24 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.  of  our  transactions,  our  humble  thanks  vnto  his  most  Roy- 
— — ^ — —  nil  and  gratious  Mnjestye  our  sayd  Soveraigne  Lord  the 
King.    And  hearby  desiring,  ordering  and  resoulving 
that  it  be  recorded  to  and  for  posteryty,  that  as  with  loyall 
minds  wee  of  the  sayd  Collony,  and  every  free  inhabit- 
ant or  member  therof,  have  made  our  humble  addresses 
vnto  his  sayd  Majestye  by  our  faythfull  and  most  worthy 
agent,  Mr.  John  Clarke,  of  Newport,  abovesayd,  for  the 
_..,..„  ,  King's  favour  vnto  vs.  even  soc  with  the  same  loyall, 
nromuodto  humble  and  sinceare  hearts  :  wee  doe  for  our  selves  and 
h'8  Uajtstyc  in  the  name  of  all  the  members  that  are  or  shall  be  admit- 
ted into  this  Collony  company,  and  corporation  as  freemen 
of  the  same  :  declare  and  record  our  faythfull  allegiance 
for  ever  to  be  proposed  and  performed  vnto  his  sayd  Maj- 
estye, his  heires  and  successors  accordingly.    And  in  or- 
der therevnto,  and  in  obedience  to  his  sayd  Majestyes  gra- 
tious commands  in  the  sayd  Charter  granted  to  this  sayd 
Collony,  wherein  are  nominated  Roger  Williams,  William 
Baulston,  William  Coddington,  Samuell  Gorton  and  oth- 
ers, more  and  wherein  with  them  soe  nominated,  ther  are 
included  and  equally  oblidged,  invested  and  priviledged, 
all  and  even  the  freemen :  although  not  pertickelarly 
named,  who  either  allrcdy  are,  or  hereafter  shall  be  ad- 
mitted and  accepted  member  or  members  of  this  Compa- 
ny, Corporation  and  Collony :  even    in  such  mesuer, 
manner  and  order  as  is  more  pertickelarly  and  at  large 
contayned,  expressed  and  declared  in  his  sayd  Majestyes 
most  Roy  all  letters  pattents  afore  premised.    And  for  the 
well  ordering  of  those  Assemblycs  and  all  other  Courts, 
matters  and  thinges,  even  by  and  according  to  the  power 
and  priviledges  in  the  sayd  Charter  given  and  granted  vn- 
Thc  Record- to  this  sayd  Company,  &c,  wee  doe  ordayne,  declare  and 

cr  to  carry  *  *■       *  '  7  ¥  1 

th0  Chorter- enacte  as  folloeth,  accordingly. 

Ordered,  That  the  Recorder  be  desiered  to  atend  this 
™cdCharter  Court,  to  carry  and  re  carry  the  Charter  to  this  Court  for 
ther  pervseall,  while  this  Assembly  see  cause. 

Ordered  by  the  Court,  that  the  Charter  be  read. 


AND  PROVIDENCE  PLANTATIONS. 


25 


Ordered,  That  ther  be  notice  given  to  all  that  are  neare  1664. 
and  atending,  [that  they]  ma)'  come  into  Court  to  hcare 
the  Charter  read. 

Ordered,  That  ther  be  one  Assistant  chosen  by  this  As-  J£Jj5j£f*'J 
sembly  to  suply  the  roome  of  Mr.  John  Smith,  ofWar-SS."" 
wick,  who  is  deceased. 

Mr.  Randall  Ilowlden  chosen  Assistant. 

Ordered,  That  Mr.  John  Clarke's  letter,  sent  with  the 
Charter,  be  read  in  this  Assembly. 

Ordered,  That  the  Generall  Assembly  doe  chose  ther General 

7  J  Assembly  lo 

Speaker  once  every  time  of  ther  meeting,  which  shall  con-  Moderator" 
tinue  for  the  whole  Court. 

The  Governor  chosen  Speaker,  or  in  his  absence,  the  The/;overn- 

r  '  1  orchostn. 

deputy  Governor  for  this  presant  sessiones. 

Voted,  That  Mr.  Roger  Williams  be  requested  to  trans- 
cribe the  Charter. 

Ordered,  That  the  Governor,  Mr.  Greene,  Mr.  San-  « 
ford  and  Mr.  Card  be  desiered  to  draw  vp  their  thoughts 
concerning  a  preface  or  prolovgue  to  the  proceedings  of 
this  presant  Court. 

Ther  being;  an  order  that  all  that  did  not  apeare  at  Fines  re- 

°  1  mitted. 

eight  of  the  clock  weare  to  pay  twelve  pence  per  man, 
but  vpon  consideration  that  Mr.  Benedict  Arnold,  Mr. 
John  Card,  Mr.  John  Green  and  Mr.  John  Sanford  weare 
imployed  as  a  committee  on  the  Court's  business  and 
therby  have  brocken  the  law,  yett  the  Court  sees  cause  to 
rem^tt  the  fine. 

The  Court  having  taken  into  consideration  the  way  for  The  way  for 

°  J  calling 

calling  Courts,  how  they  shall  be  called,  both  for  those Courts- 
that  are  Slredy  fixed  in  the  Charter,  or  shall  be  concluded 
by  this  Assembly  ;  the  Court  doe  order  that  the  Generall 
Sargant  shall  make  his  addresses  to  the  Governor,  or  in 
his  absence,  to  the  deputy  Governor,  at  least  thirtye  dayes 
before  the  times  that  those  Courts  are  to  be  held,  to  re- 
quest and  desier  him  to  grant  forth  warrants  to  him,  that 
from  the  same,  hee  may  be  impowered  to  send  forth  his 
warrants  to  the  severall  towncs  :  which  hee  shall  be  in- 
vol.  it.  4 


26 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G64.  gaged  to  doc,  that  the  towncs  may  have  them  at  least  ten 
-~-^-**-/  dayes  before  the  several!  times  that  are  appointed  for  keep- 
inge  Courts  :  but  if  ther  shall  be  any  necessity  presented 
to  the  Governor  in  his  absence,  to  the  deputye  Governor 
to  call  a  Court,  it  shall  be  lawfull  for  them  to  call  a  Court, 
tho  the  warrant  goes  not  forth  soe  long  before  the  sayd 
Court  as  is  before  prefixed  ;  but  in  case  the  place  of  Gov- 
ernor and  deputye  Governor  be  vacant  by  death  or  other- 
wise, by  being  removed  out  of  the  Collony  that  they  can- 
not performc  ther  trust,  it  shall  be  lawfull  for  any  two  of 
the  Assistants  to  call  a  Generall  Assembly,  that  soe  ther 
places  may  be  suplyed,  which  Court  cannot  proceed  to 
any  other  ajetations  vntill  ther  places  be  suplyed  by  a  new 
choyce,  and  the  parsons  soe  chosen  be  ingaged  to  stand  in 
ther  absence  as  aforesayd. 
How  many     It  is  ordered,  That  ther  shall  be  two  Generall  Courts  of 


HTri in  the  Triall  held  in  a  yeare  in  this  Collony  ;  the  one  to  be  held 

vf&rf  And 

when.  the  first  Munday  next  ensueing  the  first  Wcnsday  in  May, 
anually  ;  the  other  to  be  held  the  last  Wcnsday  save  one 
in  October,  anually  ;  and  those  Courts  are  to  be  held  in 
Newport  on  the  dayes  aforesayd,  wher  shall  sitt  the  Gov- 
ernor, deputy  Governor,  or  either  of  them,  and  sixe  of  the 
Assistants  at  least ;  and  the  aforesayd  Court  in  May  not 
to  take  place  for  this  yeare  ensueing,  but  the  first  Court  of 
Trialles  to  be  held  in  May,  is  to  be  held  in  the  yeare 
1G65. 

It  is  ordered,  That  there  is  liberty  granted  for  a  speciall 
^ecVai? for  Court  or  Courts  from  time  to  time  as  vrgant  occation  shall 
nrte"  present,  to  be  held  in  Newport  for  marchants  and  seamen, 
or  any  other  who  shall  desier  it  of  the  Governor;  or  in  his 
absence  the  deputy  Governor,  shewing  them  suficient 
cause  for  the  calling  of  such  a  Court ;  and  the  sayd  Court 
is  to  be  called  and  sitt  within  three  dayes  time,  if  it  may 
bee,  by  vertue  of  a  warrant  from  the  Governor,  or  in  his 
absence,  from  the  deputy  Governor  ;  directed  to  the  Gen- 
erall Sargant  or  Sheriff:  in  which  Court  shall  sitt  the 
Governor,  the-  deputy  Governor,  or  either  of  them,  and 


AND  PROVIDENCE  PLANTATIONS. 


27 


three  Assistants  at  least  ;  whereof,  at  least  one  of  the  As-  1664. 
sistants,  shall  be  one  dwelling  in  one  of  the  other  Townes  ;  v--^-^- 
nnd  in  which  Court  ther  shall  be  twelve  able  jury  men 
called  in  and  warned  by  the  Generall  Sargant,  or  Sheriffe, 
who  shall  be  impowered  therto,  by  the  aforesayd  warrant 
from  the  Governor,  or  deputy  Governor.  And  further,  it 
is  ordered,  that  the  parson  that  desiereth  such  a  Court, 
shall,  before  it  be  granted,  pay  downe  or  ingage  to  be 
payed  vnto  the  Governor,  or  deputye  Governor,  the  sume 
of  five  pound  starling,  or  lese,  as  the  Governor  or  deputy 
Governor  shall  judge  meet  ;  as  alsoe  hee  shall  pay  other 
cost  concearning  the  triall. 

It  is  ordered  and  inacted  by  this  Assembly,  That  wher- Repent* 
as  ther  are  severall  lawes  extant  amougst  our  former 
lawes  inconsistant  with  the  presant  Government,  as  hould- 
ing  of  Courts  of  Commistions,  and  repealing  of  the  acts  of 
the  Generall  Assemblyes  by  votings  in  town  meetings  ; 
together  with  severall  other  of  licke  natuer,  which  are 
contradictory  to  the  forme  of  the  presant  government, 
erected  by  his  Majestyes  gratious  letters  pattent,  that  all 
such  lawes  be  declared  null  and  voyd,  and  that  all  other 
lawes  be  .  of  force  vntill  some  other  course  be  taken  by  a 
Generall  Assembly  for  better  provition  hearin  :  and  fur- 
ther, wee  declare,  that  all  obligations  formerly  taken  to 
the  Court  of  Trialles  to  be  houlden  in  Newport,  the  sec- 
ond Tusday  of  this  instant,  March,  be  of  full  force  and 
vertue  to  make  each  parson  responsible  to  the  sayd 
Court. 

It  is  ordered,  That  each  towne  is  impowered  to  apoynt  power  to 
a  day  for  election  of  ther  towne  officers,  and  to  elect  as  to  officer?, 
chouse  Towne  Counsell  men,  soe  many  as  to  make  vp  sixe 
with  the  Assistants  of  each  towne,  as  alsoe  Clarke,  Tresu- 
rer,  Constable  and  Sargant  ;  and  that  the  sayd  officers 
shall  receive  ther  ingagement  from  one  of  the  Assistants. 

It  is  ordered,  That  the  towne  of  Newport  shall  provide 
five  grand  jury  men,  and  five  petty  juriouers  for  the  appoint- 
ed Generall  Courts  of  Trialles.    Portsmouth  shall  provide 


RECORDS  QF  THE  COLONY  OF  RHODE  ISLAND, 


1CG4.  throe  of  each  ;  Providence  shall  provide  two  of  each  ; 
s-^v^*-/  and  Warwick  two  of  each,  any  law  to  the  contrary  for- 

How  many 

jury  nun"  inerlv  made  notwithstaiidin  £ 

each  townc  J 

slum  provide  jfc  jg  on]cre(i)  That  anyone  of  the  Assistants  who  is 
nearest  the  place  occation  shall  present,  shall  pcrforme  the 
office  of  a  Coroner. 
ur"preceng  Ordered,  That  the  tuwncs  in  this  Collony  shall  take 
lowDti!  precedency  in  nomination  and  place,  even  as  they  are 
nominated  [that  is],  to  say:  Newport  first;  Providence 
next  ;  Portsmouth  next ;  and  Warwick  next ;  and  that 
from  and  after  the  Court  of  Election  in  May  next,  the 
magistrates  of  each,  the  sayd  townes,  shall  accordingly 
take  ther  places  in  all  Courts  wher  they  shall  bee  occa- 
sioned to  sitt ;  only,  it  is  declared,  that  for  the  presant, 
and  vntil  the  sayd  next  Court  of  Election,  and  till  the 
magistrates  are  new  chosen  and  ingaged,  that  Assistants 
nominated  in  the  Charter  by  the  King's  Majesty e,  are  to 
take  ther  places  as  they  are  nominated,  in  order  there 
(only  till  the  next  election  as  aforesayd),  to  witt :  William 
Baulston  first,  John  Porter,  or  hee  that  suplyes  his  place 
for  the  presant  as  aforesayd  next,  and  Roger  Williams 
next ;  and  next  in  order  Thomas  Olnye  and  Randall 
Ilowldon,  who  suplyes  John  Smith's  roome  next ;  and 
then  next,  John  Greene,  John  Coggeshall,  James  Barker, 
William  Feild  and  Joseph  Clarke,  in  order,  one  after  the 
other,  as  before  named,  protemporay  as  aforesayd. 
M„        Ordered,  That  all  the  acts  of  the  Councill  that  have  ben 

The  con-  ' 

nr'c.m"Se°iiread  in  this  Court  concearning  towne  meetings,  towne 
counsell,  power,  excetera,  shall  stand  in  full  force  and 
power,  by  the  authority  of  this  Assembly,  vntill  further  order. 

Ordered  by  this  presant  Assembly,  That  wheras  ther  is 
a  doubt  arisen  concernin";  the  extent  meaning  of  that  clawse 

The  resolve  °  0 

qSc"tion    m  the  charter  concerning  the  election  of  the  Governor, 
pJwePof6    deputy  Governor  and  Assistants  for  this  Collony  ;  whether 
e.ecuon  lyes  ^  p0wer  0f  election  remaynes  in  the  freemen  of  the  sayd 
Collony,  or  as  many  of  them  as  shall  be  present  at  the 
sayd  election,  though  not  either  magistrates  or  deputyes 


AND  PROVIDENCE  PLANTATION?. 


election  by  the  townes  ;  yett,  whether  as  aforesayd,  they  1664 
have  the  liberty  of  voteing  in  the  sayd  election,  or  wheth- 
er  it  be  onlye  in  the  power  and  liberty  of  the  General!  As- 
sembly, consisting  of  magistrates  and  of  the  deputyes 
elected  for  the  townes,  to  choose  or  elect  the  foresayd 
chiefe  officers.  It  is  resolved  vpon  the  question,  by  this 
presant  Assembly,  That  seeing  ther  cannot  be  for  the  pre- 
sant  a  more  expresse  or  finall  agreement  betwixt  the  mem- 
bers of  the  Court  vnanimously,  concearning  the  query, 
that  therefore  for  a  presant  remedye  or  expediante  hearin, 
it  be  declared,  that  in  case  nothing  to  the  contrary  come 
from  England  before  the  next  Court  that  may  invalid  this 
present  resolve,  the  freemen  have  liberty,  as  many  of  them 
as  please,  to  take  notice  of  the  time  and  place  of  the  sayd 
election  in  May  next,  and  be  personally  there  presant,  to 
vote  in  the  choyce  of  election  of  the  sayd  cheife  officers, 
with  this  caution  and  provisoe  ;  that  all  futuer  elections 
be  made  according  to  what  expresse  advise  wee  may  have 
from  our  agent  in  England  or  otherwise,  clearly  expressing 
his  Majestyes  Royall  intention  in  the  soe  premised  per- 
tickelar  concearning  the  parsons  in  whom  the  power  emc- 
diately  to  elect  doth  rest,  or  remayne  ;  whether  in  the 
whole  body  of  freemen,  or  in  their  representatives  the 
Generall  Assembly  as  aforesayd  premised. 

It  being  evident  to  this  Court,  that  the  authority  for- 
merly committed  vnto  this  Collony,  and  now  agaync  re- 
newed, confirmed,  and  established  by  his  Majestye,  that 
now  is  his  gratyous  letters  pattent,  is  in  a  degree  of  high 
contempt  undervalued  by  cartayne  parsons,  who,  against 
the  exprese  mind  and  will  of  the  Collony,  have  intruded 
and  indevered  to  possesse  themselves,  even  in  the  heart  of 
this  jurisdiction,  at  Narragansett,  and  places  adjoineing 
therevnto,  and  ther  takeing  vpon  themselves  a  kind  of 
government  and  jurisdiction  contrary  to  the  honor  of  his 
Majestye's  crowne  and  dignitye,  as  the  government  as 
above  hear  established,  &c. 

It  is  therefore  enacted  by  the  authority  of  this  Court, 


RECORDS  OF  TIIK  COLONY  OF  RHODE  ISLAND, 


1664.  that  all  such  intruders  (to  witt),  Edward  Ilutchenson, 
s^-v^  William  Hudson,  Amos  Richardson,  and  any  other  with 

The  way  of  »        »  11         •  '      i  i  ■•    j.  '  • 

a^ing     them,  loynmg  and  to  them  adhearing  in  such  intrusions, 

with  such  *    J   J         O  o 

liniontheCd  as  they  are  knowne  or  may  be  found,  be  summoned  to 
°'°ny'  apeare  at  the  Generall  Assembly,  to  be  held  for  the  Col- 
lony, the  first  Wcnsday  in  the  month  of  May,  now  next 
ensueing,  ther  to  give  an  account  of  those  intrusiones  :  as 
alsoc,  that  noe  parson  or  parsones  on  any  pretence  or  pre- 
tences not  alredy  soe  possessed,  in  any  part  of  the  Collo- 
ny, shall  presume  into  this  Collony  to  come  there  to  settle, 
build  or  inhabite,  without  exprese  leave  first  had  and  ob- 
tayned  from  the  Generall  Assembly,  or  by  vertue  of  ther 
authority  ;  and  that,  vpon  penalty  of  being  taken  and 
imprisoned  for  such  ther  contempt,  [they  shall  be] 
fined  therefor  at  the  pleasuer  of  the  Generall  Assembly 
of  this  Collony  :  And  it  is  alsoe  declared,  that  warrants 
from  the  Governor  and  deputye  Governor  shall  be  snficient, 
in  the  matters  aforesayd,  either  to  summones  in  the  one 
sort,  or  to  aprehend  the  second  sort,  vpon  complaint  to 
%  them  made  of  such  intrutioncs  ;  or  in  case  that  the  occa- 
tiones  come  to  the  knowledge  of  any  of  the  Assistants  of 
the  Collony,  before  it  come  to  the  Governor,  and  deputy 
Governor,  the  warrant  vnder  the  hands  of  any  two  of  the 
sayd  Assistants  shall  be  authentick  for  apprehending  such 
new  come  intrucders,  and  for  imprisoning  them  as  they 
see  cause  ;  and  this  to  be  of  force  till  the  General  Assem- 
bly shall  farther  provision  make  in  the  premises. 
tvo  men  Vpori  the  consideration  of  the  proposalles  that  have 
theaBayith  bene  made  betweene  this  Collony  and  the  Collony  of  the 
Massatusitts,  concearning  the  issuing  of  the  differances 
that  of  late  hath  fallen  out  betweene  them  ;  the  Court  doe 
apoynt  Mr.  Randall  Howldon  and  Joseph  Torrey  to  treat 
with  them,  if  they  send  according  to  what  is  expected 
from  them  :  and  for  the  instructiones  in  the  case,  it  is  left 
with  the  Governor,  deputy  Governor  and  Assistants  of  the 
Island,  to  draw  them  vp  and  committ  vnto  them. 

It  is  ordered  by  this  Assembly  that  two  Courts  of  Triall 


AND  PROVIDENCE  PLANTATIONS. 


31 


in  the  yeare  be  held  vpon  the  niayne  at  Providence  and  1664; 
Warwick,  for  the  triall  of  anv  actional  matter  to  the  val-  ^*-v-^ 

.      .      ..  The  war 

ue  of,  and  vnder  ten  pounds,  principall  dept  or  damedge  ;  t°eV°coMt° 
and  noe  action  to  be  layd  for  more  than  double  the  prin- a'nP«  In'd 
cipall  ;  and  the  sayd  Courts  to  bee  held,  the  first  at^*"™*" 
Providence,  the  second  Tusday  in  September  ;  the  other 
at  Warwick,  the  second  Tusday  in  March,  anually  :  and 
the  sayd  Courts  not  to  sitt  without  three  Assistants  at 
least;  and  that  ther  shall  be  at  Providence  Court,  at  least 
one  Assistant  of  Warwick  ;  and  at  Warwick  Court  at  least 
one  Assistant  of  Providence,  to  sitt  in  the  sayd  Courts : 
Forthermore,  when  the  Court  is  held  at  Providence,  the 
Assistant  first  elected  of  that  towne,  shall  sitt  judge  of  that 
Court ;  and  at  Warwicke,  the  Assistant  first  elected,  to  sitt 
judge  of  that  Court  :  the  Clarke  of  the  towne  of  Providence 
to  grant  forth  all  writts,  executiones,  and  all  matters  that 
concearnes  a  Clarke  of  that  Court  throughout  either  of  the 
two  sayd  townes  jurisdictiones  or  claimes  of  land:  as  alsoe 
the  Clarke  of  Warwicke  shall,  in  lycke  manner  grant  forth 
all  writts  that  concearns  the  Court  aforesayd,  in  March, 
together  with  exicutiones  and  other  matters  that  con- 
cearnes a  Court  of  that  natuer  :  and  the  Sarcrant  of  each 
towne  to  attend  in  ther  respective  townes  in  licke  manner 
as  the  Clarkes,  and  that  the  exicutiones  granted  from 
either  of  these  Courts  may  be  searved  throughout  any  part 
of  the  mayne  within  this  Collony  ;  and  that  each  of  the 
townes  provide  sixe  jurymen  against  the  sayd  Courts  ;  and 
in  case  they  fayle  of  apearing  to  bee  made  vp  in  the  towne 
wher  the  Court  is  held,  and  those  that  are  absent  fined 
tenn  shillings  or  vnder,  at  the  discretion  of  the  Courts  : 
Forthermore,  all  manner  of  fees  to  be  halfe  soe  much  as 
the  generall  fees,  and  that  any  one  of  the  Assistants  may 
grant  an  apeale  vpon  substantiall  matter,  error,  or  ataynt, 
the  cost  of  Court  being  payd  ;  and  for  that  end  exicution 
not  to  goe  forth  vntill  ten  dayes  after  the  Court,  and  to 
hold  the  sayd  Courts  accordinge  to  the  lawes  that  are  or 


4 


32  11EC0RUS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GG4.  shall  he  established  in  this  Collony  ;  and  all  these  orders 
to  be  of  force  vntill  farther  order. 

It  is  ordered,  in  answer  to  Warwick  men  hill  ooncearning 
Pumham,  that  the  Honored  Governor  and  deputy  Govern- 
or doe  writt  to  Pumhame  aforesaid,  to  signific  to  him  that 
lice  is  in  this  Collonye  jurisdiction  ;  and  that  hee  take 
some  spedye  course  to  issue  the  differance  betwext  the 
men  of  Warwick  and  himselfe  concearninge  lauds,  &c:  or 
else  that  hee  may  expect  that  vpon  a  legall  triad,  the 
Courts  of  this  Colony  are  resoulved  to  doe  justice  in  the 
premises. 

meeting       Ordered,  That  all  the  acts  of  the  Counsell  that  have 
councells  or-  been  read  in  this  Court  conccarning  Towne  Meettings, 
Towne  Counsells  power,  &c,  shall  stand  in  full  force  and 
power  by  the  authority  of  this  Assembly  vntill  farther 
order. 

Theseaieoi    Ordered,  That  for  the  presant,  the  old  Scale  that  hath 

the  Colony.  A 

ben  the  Seale  of  the  Collony,  shall  be  the  presant  Scale  of 
the  Collony,  to  be  fixed  to  any  commission  that  may  be 
granted  forth,  or  on  any  matters  of  publicke  concearnment, 
and  that  with  what  conveniant  speed  that  may  bee,  a  new 
Seale  be  procured. 
ThfGovr&    Resoulved  by  this  Assembly,  That  the  Governor  and 

Deputy  J  J  ' 

'endrto°  deputy  Governor  be  desired  to  send  to  Block  Hand  to  de- 
Block  l8land  clare  vnto  our  Trends  the  inhabitants  therof,  that  they  are 
vnder  our  care,  and  that  they  admitt  not  of  any  other  to 
beare  rule  over  them  but  the  power  of  this  Collony  :  and 
that  James  Sands,  who  is  a  freeman  of  this  Collony,  come 
in  to  the  Governor  or  deputy  Governor,  to  take  his  ingage- 
mcnt  as  Constable,  or  Conservater  of  the  peace  theare  ; 
and  that  the  most  able  and  desearving  men  are  warned  in 
to  the  next  Court  in  May,  to  be  informed  of  ther  previ- 
ledge,  and  such  to  be  free  made  of  the  Collony. 
TheGovr&    Vpon  the  consideration  of  James  Badcocke's  petition, 

Dflputj 

radto0  *-nc  Court  doe  request  the  Governor  and  deputye  Governor 
conecticutt.  {.Q  yongi^.  0f  jjjg  motion  therin,  and  send  a  letter  to  the 


AND  PROVIDENCE  PLANTATIONS. 


33 


government  of  Conneticott,  to  see  what  they  will  say  by  1664. 
way  of  answer  to  such  riotous  actings  as  are  clone  and  v-*-v^/ 
committed  by  the  men  of  Southertowne  against  the  sayd 
Badcocke  ;  as  alsoe  to  indever  a  loving  concorance  with 
them,  and  to  informe  them  that  wee  intend  to  rune  our 
westerly  line  shortly,  therby  to  see  whether  they  will  com- 
ply with  vs. 

Voted,  That  John  Wood's  petition  shall  be  read  in 
Court. 

Vpon  the  consideration  of  the  wayght  of  the  petition, 
and  the  circomstances  about  it,  the  Court  waves  the  con- 
sideration of  it  vntill  the  next  Generall  Assembly,  and  the 
sayd  Wood  to  make  probation  of  the  matters  in  his  sayd 
petition  heare  presented. 

Wheras  the  Court  have  taken  notice  of  the  great  bles-  caPt.  oan- 

0  ston  licenc- 

sing  of  God  on  the  good  endevers  of  Captayne  John  Cran-^^^'r 
ston  of  Newport,  both  in  phissicke  and  chirurgery,  to  the  Chlrurgery' 
great  comfort  of  such  as  have  had  occation  to  improve 
his  skill  and  practice,  &c.  The  Court  doe  therfore  vnani- 
mously  enacte  and  declare  that  the  said  Captayne  John 
Cranston  is  lycenced  and  commistioned  to  adminester 
phissicke,  and  practice  chirurgery  throughout  this  whole 
Collony,  and  is  by  this  Court  styled  and  recorded  Doctor 
of  phissick  and  chirrurgery,  by  the  athority  of  this  the 
Generall  Assembly  of  this  Collony. 

Wheras  the  Governor,  deputy  Governor,  and  ten  As- how  many 
sistants,  making  twelve  in  number,  are  anually  to  be  *» °™<*  ts 

.  J  towne. 

chosen  in  and  for  this  Collony  : 

It  is  ordered,  That  for  the  futuer  and  vntill  farther  or- 
der, five  of  the  sayd  twelve  shall  be  chosen  of  men  inhab- 
iting in  Newport,  three  of  the  sayd  twelve,  of  Providence  ; 
two  of  the  sayd  twelve,  of  Portsmouth  ;  and  two  of  the 
sayd  twelve,  of  Warwick. 

It  is  further  ordered,  That  at  the  Court  of  Election,  in 
case  any  one  of  the  Deputy es  should  be  chosen  into  the 
office  of  Governor,  Deputy  Governor  or  Assistants,  that  it 

vol.  n.  5 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


166  I.  shall  be  lawfull  for  such  officer  soe  left  out,  to  serve  in  the 
roome  of  the  deputy  chosen  for  that  presant  Court. 

Lettt  r  from  the  Governor  and  Deputy  Governor  of  Rhode 
Island  to  the  Governor  of  Connecticut. 

Much  Honoured  and  Highly  esteemed  Sir: 

After  our  hearty  love  and  respects  to  yourself  and 
yours  presented,  please  you  to  understand,  that  upon  sev- 
erall  complaints  and  petitions  that  have  formerly  bene  pre- 
sented unto  us,  and  now  lately  unto  our  Gcnerall  Assem- 
bly, of  many  irregular  actions  that  have  been  practised  by 
seyerall  of  our  neighbour  collonies,  to  y°  terrour,  damage 
and  ruination  of  the  complaynants,  as  they  present  ye 
same,  notwithstanding  the  endeavours  of  ye  government 
here  to  prevent  the  same.  And  seeing  time  will  not  per- 
mit to  instance  all  passages  and  matters  of  such  com- 
plaints, shall  only  touch  at  y°  late  outrage  committed  (as 
■by  testimony  appears)  by  y°  men  of  ye  Plantation  (by  Mas- 
sachusetts called  Southertowne),  on  the  west  side  of  Paw- 
catuck,  alias  Narrogansctt  River ;  who  to  the  number  of 
twenty  or  more,  came  over  y°  sayd  river  into  this  Collony 
and  there  assaulted,  and  by  vyolence  brake  open  an  Eng- 
lish house  and  thereout  hauled  one  of  his  Majestyes  sub- 
jects, to  yc  great  affrightment  of  y°  women  and  children  yl 
were  in  ye  house,  not  to  mention  one  other  woman  there 
lately  dead,  who  had  been  by  the  like  measures,  as  she  af- 
firmed, affrighted,  &c;  as  more  will  besayd  in  season  ; 
and  having  soe  hauled  the  man  out  of  the  house,  ye  sayd 
men  carry d  him  over  the  River  as  a  captive,  &c.  Sir, 
wee  being  clearly  ascertayned  that  those  men  are  in  ye  ju- 
risdiction of  Quonecticott,  being  on  yu  west  side  of  yc  fore- 
sayd  river,  and  believing  the  sayd  government  doe  abhor 
such  practices,  and  [will  not]  countenance  the  same,  doe 
therefore  in  behalfe  of  our  Collony,  and  by  request  of  our 
Court,  intreat  you  to  stop  such  their  proceeds  of  violence 
for  Suture,  and  to  send  us  yoar  resentment  of  their,  yp 


A1\D  fllOVlDEXCE  PLANTATIONS. 


sayd  Southertowne-men's  aforesayd  outrage  ;  nor  doubt-  1G64. 
lesse  your  wisdome  assure th  you  that  our  allegence  to  his  — 
Majesty  bindeth  us  to  redresse  such  wrongs  done  unto  his  . 
subjects  in  this  jurisdiction,  and  to  punish  the  offenders 
accordingfto  their  denieritts,  as  we  have  it  in  our  power  to 
doe  the  same  at  any  time.  And  thus,  sir,  having  repre- 
sented the  foresayd  to  you,  we  doe  likewise  present  you 
with  ye  desires  of  our  government,  and  particularly  our 
owne  affectionate  desires,  that  a  loving  and  friendlike  cor- 
respondency may  bee  preserved  and  practised  between  you 
and  us.  That  as  it  hath  pleased  his  Majesty  to  joyne  us 
together  in  scituation  and  nearnesse  of  bounds,  soe  wee 
may,  as  subjects  to  one  and  the  same  most  gratious  prince, 
live  together,  or  by  each  other  as  loveing  neighbours  to  yl 
end.  And  for  preventing  future  occasions  of  contentions 
betwecne  yours  and  ours,  oure  Generall  Assembly  purpose 
and  propose  yl  the  lyne  may  be  run  .from  the  norther- 
most  part  of  the  foresayd  river,  up  due  north  as  our  Char- 
ter expresseth,  betweene  your  and  our  collonies  ;  and  it  is 
desired  it  may  speedily  bee  done,  and  y'  if  you  please 
some  of  your  Collony  may  be  there  at  ye  doeing  of  ye 
same,  now  in  yc  moneth  of  May  next ;  wherefore  our  re- 
quest is,  wee  may  heare  from  you  as  soon  as  conveniently 
you  can  [write],  and  yl  if  you  please  to  send  any  one  on 
ye  occasion  aforesayd,  you  will  please  to  apoint  some  cer- 
tayne  day  after  the  25th  of  May  next,  to  meete  and  run  y° 
sayd  lyne  with  ours  ;  in  which,  if  wee  have  your  desired 
concurrence  as  aforesayd,  wee  shall  attend  you  ;  otherwise 
there  appears  a  necessity  of  our  Collonies  doeing  it  howev- 
er. Sir,  our  Collony  are  to  assemble  againe  the  first 
Wednesday  in  May  now  next  coming,  before  which  time 
we  should  bee  very  glad  to  receive  your  much  wished  for 
loveing  returne,  by  some  safe  hand,  hopeing  y4  all  occa- 
sions of  discord  may  be  prevented,  or  extinguished  be- 
tweene us,  that  soe  wee  may  as  one  man,  live  together  in 
a  mutuall  way  of  supporting  each  other  in  our  capacities. 
Soe  hopeing  your  Honours'  welfare,  we  take  leave  to  sub- 


30 


RECORDS  OF  TIIE  COLONY  OF  RHODE  ISLAND, 


1GG4.  scribe  ourselves  your  rcall  ffrcinds  and  servants  to  our 
-^^^  ability.* 

BENEDICT  ARNOLD,  Gov'r, 
WILLIAM  BRENTON,  Dept.  Gov'r. 
Newport,  March  10,  1GG3-G4.  . 
To  our  much  Honoured  and  Highly  Esteemed 
ITriend  John  Winthrop,  Esqr.,  Governour 
of  Quonecticott,  &c,  and  to  the  Councill 
or  Assistants  there. 

[As  it  was  at  this  session  of  the  Generall  Assembly  that  the  law  which 
appears  on  the  statute  books  of  the  Colony  from  1719  to  1783,  in  relation 
"to  the  rights  and  privileges  of  his  majesty's  subjects  within  the  Colo- 
ny," was  enacted,  it  seems  proper  that  some  notice  should  be  taken 
of  it. 

This  law,  as  it  appears  in  tho  printed  digests  of  1719,  1731  and  17C7, 
reads  "  that  all  men  professing  Christianity,  and  of  competent  estates, 
and  of  civil  conversation,  who  acknowledge,  and  aro  obedient  to  the  civil 
magistrate,  though  of  different  judgments  in  religious  affairs  (Roman 
Catholics  only  excepted),  shall  be  admitted  freemen,  and  shall  have  lib- 
erty to  chuse  and  be  choson  officers  in  tho  Colony,  both  military  and 
civil." 

In  the  original  proceedings  of  the  Generall  Assembly  for  March,  1664, 
when  this  act  ii  said  to  have  been  passed,  no  such  act  appears,  nor  is  it 
found  in  the  proceedings  of  any  subsequent  session.  The  earliest  collec- 
tion of  the  public  laws  in  tho  archives  of  tho  State,  is  a  folio  volume  in 
manuscript,  called  tho  "  Body  of  the  Laws  of  the  Colony  of  Rhode  Is- 
land, from  1663  to  1705."  This  is  all  in  the  same  handwriting,  and  was 
probably  prepared  in  the  year  1705,  as  tho  last  act  in  it  is  one  of  that 
year.  It  is  probably,  also,  the  digest  submitted  by  a  committee  especial- 
ly appointed  for  that  purpose,  as  such  a  committee  reported  a  digest,  or 
collection  of  the  public  laws  of  that  Colony  in  that  year.  Tho  records 
between  1G86  and  1704  show  that  committees,  at  various  times,  were  ap- 
pointed "  to  have  the  laws  of  tho  Colony  composed,  extracted,  altered, 
amended  and  drawn  up  into  a  better  method  and  forme." 

The  first  act  in  this  manuscript  "  Body  of  Laws,"  which  was  passed  in 
1663,  refers  to  the  rights  and  privileges  of  the  people,  and  reads  after  tho 
preamble  as  follows. 

"  That  no  person  in  this  Colony  shall  bo  imprisoned  or  disseissed  of  his 
lands,  or  liberty,  or  be  exiled  [or  any]  otherwise  molested  or  destroyed, 
but  by  tho  lawfull  [judg]ment  of  his  Peers,  or  by  some  known  law  and 


*  From  tho  files  of  the  Generall  Court  of  Massachusetts. 


AND  PROVIDENCE  PLANTATIONS. 


[accordjing  to  the  letter  of  it  by  act  made,  ratified  and  confirmed  by  1664. 
the  G-enerall  Assembly  of  this  Collony."  _ 

This,  it  will  be  perceived,  contains  the  precise  words  of  the  law  in  the 
code  of  1C47.  omitting  the  words  "  lawful,  met  and  orderly  managed," 
which  closes  the  paragraph  (for  which  see  the  law  at  page  157,  vol.  I., 
of  these  records).  The  whole  of  this  code  of  1047,  with  slight  alterations, 
was  subsequently  adopted  as  the  law  of  the  Colony.  There  is  no  record 
evidence,  therefore,  that  such  an  act  as  that  which  appears  in  the  printed 
digests  referred  to,  was  ever  enacted  by  the  General  Assembly.  The 
long  preamble,  was  doubtless  added  by  the  committee,  as  well  as  the 
words  in  the  parenthesis  excepting  Roman  Catholics  from  the  rights  and 
privileges  of  citizens,  which  was  suffered  to  remain  on  the  statute  books 
until  1783,  when  the  disqualification  was  removed. 

An  act  such  as  that  in  question,  was  totally  at  variance  with  the  uni- 
form policy  of  the  Colony  from  the  beginning  ;  as  well  as  with  the  ante- 
cedents of  Roger  Williams  and  the  first  settlers  of  the  Colony,  as  will 
appear  from  the  records,  and  their  opinions  regarding  freedom  of  con- 
science and  religious  liberty  whenever  expressed.  It  cannot,  therefore, 
be  believed  that  any  sect  was  excluded  from  their  civil  rights  for  their 
religious  opinions.  Again,  it  will  be  seen  that  among  the  proceedings  of 
this  session,  the  Generall  Assembly  deemed"  it  their  duty  to  signify  his 
majesty's  gracious  pleasure,  :l  that  noe  person  within  the  Colony,  at  any 
time  hereafter,  shall  be  in  any  ways  molested,  punished,  disquieted  or 
called  in  question  for  any  difference  of  opinion  in  matters  of  religion  aud 
do  not  actually  disturb  the  civil  peace  of  said  Colony."  These  are  but 
the  repetition  of  the  words  in  the  Charter.  It  cannot,  therefore,  be  sup- 
posed, that  at  a  time  when  the  colonists  were  exhibiting  so  much  grati- 
tude for  their  Charter,  when  they  particularly  noticed  the  words  above 
quoted,  and  expressed  so  decided  an  opinion  in  conformity  with  them, 
they  should  pass  a  law  directly  at  variance  therewith.] 


Proceedings  of  a  Meetinge  of  the  Generall  Assembly,  May 
the  fowerth,  1664,  at  Newport. 

Benedict  Arnold,  Governor. 
William  Brenton,  Deputy  Governor. 

ASSISTANTS. 

"William  Baulston,  James  Barker, 

John  Sanford,  William  Feild, 

Randall  Howlden,  Roger  Williams, 

John  Greene,  Thomas  Olnye, 

John  Cogeshall,  Joseph  Clarke. 


38 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAM), 


16C4. 


DEPUTIES. 


Captayne  John  Cranston, 
Richard  Tew, 
John  Gould, 
John  Easton, 
Caleb  Carr, 
Joseph  Torrey, 
William  Carpenter, 
William  Wickcndon, 
ArLhcr  Fenner, 


Steven  Arnold, 
Robert  Hazard, 
Thomas  Cooke, 
John  Brigges, 
Thomas  Brownell, 
John  Weekes,  Sen'r, 
Walter  Todd,  * 
Edmond  Calverly, 
Richard  Carder. 


The  Governor  chosen  Moderator. 

Ordered  by  this  Assembly,  That  all  officers  that  former- 
ly have  ben  in  the  Collony  besides  the  Governor,  Deputy 
Governor  and  Assistants,  shall  be  still  continued  in  the 
Collony  ;  as  Recorder,  Sargant,  Tresurer  and  Attorney, 
&c. ,  vntill  the  new  choyce  be  over. 

Ordered,  That  the  free  choyce  shall  be  in  the  power  of 
the  freemen  as  well  for  the  officers  specified  in  the  foresayd 
order,  as  for  Governor,  Deputy  Governor  and  Assistants. 

Mr.  Thomas  Earl,  Thomas  Neccoles,  Hugh  Hosier  and 
J ohn  Sheldon  accepted  free  of  the  Collony. 

The  Court  adjourned  for  one  ower  vntill  after  dinner, 
and  then  to  come  and  atend  for  to  goe  to  the  election. 

Benedict  Arnold,  chosen  Governor,  William  Brenton, 
next. 

William  Brenton,  deputy  Governor ;  John  Card,  next. 

John  Coggeshall,  Assistant ;  John  Card,  next. 

James  Barker,  Assistant ;  John  Card,  next. 

Joseph  Clarke,  Assistant ;  John  Card,  next. 

William  Feild,  Assistant. 

Thomas  Olnye,  Assistant. 

Roger  Williams,  Assistant. 

William  Baulston,  Assistant. 

John  Sanford,  Assistant  ;  Samuell  Wilbore,  next. 


AND  PROVIDENCE  PLANTATIONS. 


39 


Randall  Howldon,  Assistant.  16G4. 
Walter  Todd,  Assistant ;  John  Greene,  next.  v-^-v** 
Joseph  Torrey,  Recorder. 

James  Rogers,  Generall  Sargant  ;   Richard  Knight, 
next. 

John  Coggeshall,  Tresurer. 
John  Easton,  Atorney. 

"Larrance  Torner,  Solissetor  ;  Samuell  Hubberd,  next. 

Benedict  Arnold,  as  Governor,  ingaged. 
William  Brenton  ingaged  as  deputy  Governor 
John  Coggeshall  ingaged  as  Assistant. 
James  Barker  ingaged  as  Assistant. 
Joseph  Clarke  ingaged  as  Assistant. 
William  Feild  ingaged  as  Assistant. 
Thomas  Olnye  ingaged  as  Assistant. 
Roger  Williams  ingaged  as  Assistant. 
William  Baulston  ingaged  as  Assistant. 
John  Sanford  ingaged  as  Assistant. 
Randall  Howldon  ingaged  as  Assistant. 
Walter  Todd  ingaged  as  Assistant. 
Joseph  Torrey  ingaged  as  Recorder.  • 
James  Rogers  ingaged  as  Sargant. 
John  Coggeshall  ingaged  as  Tresurer. 

Ordered,  That  the  afaires  of  the  Court  are  adjourned 
vuntill  to  morrow  morning.. 

May  5. 

The  Governor  chosen  Moderator. 

The  Court  having  seriously  considered  that  there  is  voting  by 

0  "   •  proxy, 

some  inconveniauceyes  vpon  the  freemen  of  the  remote 
townes,  as  Providence  and  others  in  the  Collony  being  dis- 
tant in  sittuation  from  Newport,  soe  as  they  cannot  gen- 
erally apeare  parsonally  to  vote  in  the  choyce  of  the  Gov- 
ernor and  rest  of  the  officers,  &c. :  therefore  it  seems  a  kind 
of  necessety  to  admit!  of  voting  by  proxy  from  such  as  are 


40 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.  not  present,  or  cannot  conveniently  thcr  come  ;  it  is  thcrc- 
fore  by  this  present  Assembly  recommended  to  the  Gener- 
al Assembly  that  is  to  be  in  October  next,  and  the  sayd 
Assembly,  vpon  matucr  consideration  to  give  a  full  result 
and  issue  vpon  the  mutter,  and  to  order  the  manner  and 
regulate  the  way  of  the  giving  in  and  sending  such  votes 
by  proxy,  if  that  be  then  determined  the  best  expediant 
and  way  for  election  :  that  soe  noe  irregularity  may  be 
admitted  in  such  a  way  of  voting. 

Ther  being  a  motion  presented  to  this  Court  to  know 
when  John  Hicks,  Thomas  Gould,  John  Wood,  and  Rich- 
ard Smith  shall  come  to  ther  hearing  :  it  is  therefore  or- 
dered, that  Satterday  morning  bee  appoynted  to  heare 
them  and  to  determine  in  ther  causes. 

Larrance  Torner  being  by  the  vote  of  the  people  chosen 
Turn?"  cx-  to the  place  and  office  of  Generall  Solicetor,  having  consid- 
befngso!™-  ered  of  his  insuficiences  for  the  performance  therof,  as  hee 
hath  exprcsed  to  the  Court  by  way  of  petition,  the  Court 
have,  vpon  the  consideration  of  his  request  and  the 
grounds  therin  expressed  for  his  release,  the  Court  doe 
acquit  and  discharge  the  sayd  Torner  from  the  aforesayd 
office. 

Vpon  the  consideration  of  the  petition  presented  by  Mr. 

"To TBS?"  James  Sands  and  Mr.  Joseph  Kent,  inhabitants  of  Block 

thing  for  Island,  in  the  bchalfe  of  themselves  and  the  rest  of  ther 
assotiatcs,  the  Court  doe  apoynt  Mr.  Roger  Williams,  Mr. 
Thomas  Olnye,  and  Joseph  Torrcy  to  draw  vp  ther 
thoughts  to  committ  to  the  farther  aprobation  or  correct- 
ing, as  commissionating  them  in  poynt  of  preservation  of 
his  Majestyes  peace  ther. 

Mr.  Benedict  Arnold  being  chosen  Governor,  Mr.  John 

officers  take  Coggeshall,  Mr.  James  Barker,  Mr.  Joseph  Clarke,  Mr. 

memento.  William  Feild,  Mr.  Thomas  Olnye,  Assistants ;  Joseph 
Torrcy,  Generall  Recorder,  James  Rogers,  Generall  Sar- 
gent, John  Coggeshall,  Generall  Tresurer,  doe  all  to  ther 
severall  places  and  to  thcr  severall  offices,  take  ther  in- 
gagement  in  open  Court. 


« 


AND  PROVIDENCE  PLANTATIONS. 


41 


Ordered,  That  Capt.  George  Baxter  shall  have  thirty  1G64. 
pound  presantly  for  the  twenty  five  pound  that  was  for-^^ 
merly  ingaged,  and  his  charges  at  and  cominge  from  -Bos-  ter'B w- 
ton  to  the  Hand. 

Ordered,  That  ther  shall  be  payd  from  the  severaU^^ 
townes  of  the  Collony  to  the  Governor  and  deputy  Govern- payd.re" 
or,  sixteene  pounds  to  each  of  them,  for  ther  paying  each 
of  them  fifteene  pounds  to  Capt.  George  Baxter,  which  is 
to  cleare  the  Collony  from  their  ingagement  made  to  him 
when  the  Charter  was  read. 

Margrett  Smith,  wife  of  John  Smith,  living  on  Conon-S6^ 
nicutt,  being  finned  five  pound  by  the  last  Court  of  Tri- rem,tted- 
alls,  held  in  March,  1663,  64,  and  the  sayd  Margrett 
Smith  having  presented  a  petition  to  this  Court  for  the 
Court's  favor  and  mercy  in  the  takeing  of,  or  remitting 
the  aforesayd  fine.  The  Court  vpon  her  petition  doe  re- 
mitt  and  pass  by  the  fine. 

Ordered,  That  the  Seale,  with  the  mottoe  Rhod  Hand the 
and  Providence  plantations,  with  the  word  Hope  over  the 
head  of  the  Anker,  is  the  presant  Seale  of  the  Collony. 

Ordered,  That  the  Recorder  shall  have  two  shillings, The  tRec°rd- 

'  .  £3  '  er's  fee  for 

six  pence  of  every  parson  that  desires  the  Seale  to  be  se"ing  the 
placed  to  any  commission  or  certificate  that  hee  doth  fixe 
it  to  on  ther  request. 

Vpon  consideration  which  of  the  prisonors  shall  beThomas 

*  ■*•  Munitord 

called  first :  ordered, -That  Thomas  Mumford  shall  be  first ^eDg°^n. 
heard. 

Vpon  consideration  and  debate  about  Thomas  Mumford 
and  Enock  Playce  concearning  ther  release  or  continuance 
in  bonds  :  it  is  ordered,  That  they  shall  be  bound  in  the 
sume  of  one  hundred  pounds  apiece,  to  be  lyabie  to  come 
forth  vpon  all  occationes  when  duely  called  for,  to  speake 
farther  to  the  matter  concearning  Timothy  Mather,  whome 
they  accuse  for  speaking  words  of  a  very  dishonerable  na- 
tuer  against  his  Majestye  ;  and  the  Court  see  cause  to  en- 
large them  from  prison  in  consideration  of  the  voluntary, 
though  somewhat  late  information  consearning  the  sayd 

vol.  n.  6 


42  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GG4.  Timothy  Mather's  expression.es,  conciveing  that  want  of 
v^v-w  knowledge  what  to  doc  (as  they  ale adge),  was  the  true 
cause  of  ther  neglect  in  the  premises. 

Ordered,  That  Joseph  Kent,  of  Block  Hand,  shall  be 
accepted  a  freeman,  if  he  desier  it. 

Joseph  Kent  accepted  a  freeman  of  this  Collony. 

Ordered,  That  John  Garriardy's  petition  be  refered  vn- 
till  the  sayd  John  Garriardy  shall  apcare  before  the  Court, 
farther  to  vnfold  his  intention  in  his  sayd  petition. 

Ordered,  That  these  parsons  (viz.)  :  John  Wood,  John 

John  Wood.  Hickes,  Thomas  Gould  and  Richard  Smith,  being  at  pres- 
to., called  .  °  r 

cofu°rtc thc   an^  oountl  t°  this  Court,  the  Court  orders  that  they  shall 
be  called  one  by  one  before  the  Court. 

Vpon  the  long  debate  consearning  John  Wood,  John 
John  Wood,  Hickes,  Thomas  Gould,  and  Richard  Smith  ;  it  is  ordered, 

/tec.,  to  give 

bondorgoe  That  they  shall  be  all  called  vp  before  the  Court  together, 

to  prison.  J  L  O 

and  this  declared  to  them  all ;  that  as  one  doth  faire,  or 
what  the  Court  doth  doe  with  one,  they  are  resolved  and 
must  doe  to  all,  as  with  respect  to  that  which  was  pro- 
posed to  them  severally  the  last  night,  when  called  before 
the  Court  one  by  one,  whether  they  would  give  bond  or 
goe  to  prison. 

Vpon  the  request  of  Richard  Smith,  Thomas  Gould, 
Their  re-    John  Wood  and  John  Hickes,  that  they  might  know  ther 

quest  to  ' 

know  their;  accusers  ;  the  Court  have  determined  that  nothing  shall 

accusers.  '  ° 

be  made  knowne  vnto  them  concearning  what  they  are  ac- 
cused of  vntill  they  have  declared  themselves,  which  of  the 
proposalls  that  are  presented  to  them  they  will  take. 

Vpon  the  consideration  of  the  motion  that  have  bene 
debated  consearning  Richard  Smith  and  Thomas  Gould, 
whether  they  will  tender  bond  according  as  the  Court  hath 
proposed  to  them,  the  Court  doe  order  that  they  be  called 
and  the  ranswer  knowne. 

Richard  Smith  and  Thomas  Gould  being  called,  and  bc- 

The  Courts 

ing  informed  of  the  Court's  resolves  ;  doe  both  declare 
raaerning  they  are  very  free  and  well  contented  to  give  in  bond  and 

the  persons  , 

aboreeajd.  to  find  suretyes  for  thc  performance  of  the  same  ;   that  is 


AND  PROVIDENCE  PLANTATIONS. 


43 


to  say,  that  they  will  make  ther  personal!,  apearance  at  the  1664. 
Generall  Assembly  that  shall  be  holden  for  the  Collony  in  v^-^». 
October,  Anno  Domi:  1665  ;  except  they  be  called  by 
authority  of  this  Collony,  and  doe  apeare  in  the  meane 
time,  and  soe  are  proceeded  with  as  cause  may  apeare  to 
release  the  sayd  bonds,  or  otherwise  to  proceede  :  and  that 
they  will  bee  of  good  behaviour  in  the  mean  time  to  all  his 
Majestyes  leage  people  in  this  jurisdiction  ;  and  if  at  any 
time,  they  haVe  occation  to  goe  out  of  the  Collony  bounds, 
they  will  returne  from  time  to  time  within  one  month  from 
other  jurisdictiones  into  this  Collony  agayne,  except  wind 
and  wether,  sicknes,  or  some  other  crosse  befall  and  hin- 
der ther  returne  in  such  time  ;  and  however  that  in  case 
of  life  and  ability  of  body  they  will  appeare  at  the  Court 
above  mentioned,  except  as  aforesayd  they  be  cleared  be- 
fore of  the  sayd  bonds  by  authority  aforesayd. 

Allsoe  John  Hickes  and  John  "Wood  petitioned  the 
Court  to  accept  bonds  for  ther  apearance  and  demeannuer 
in  all  respects  as  abovesayd,  and  freely  proposeth  each 
two  surtyes  for  ther  performance  of  the  same  accordingly  ; 
whervpon  the  Court  taketh  cognizence  of  the  severall  par- 
sons aforesayd,  in  manner  followinge  (vig't.)  : 

Richard  Smith,  of  Narragansitt,  Jun'r,  recognizeth  Richard' 
himselfe  vnto  his  Majesty e  Charles  the  Second,  King  ofco^nfJui" 
England,  in  the  sum  of  fower  hundred  pounds  starlinge,  to 
doe  and  performe  in  time  and  manner ;  in  each  respect 
accordinge  to  the  conditiones  of  the  injunctiones  above 
expresed,  and  that  hee  is  therin  well  contented  :  and 
Walter  Connygrave  and  Edword  Richmond,  of  Newport, 
are  his  surtyes  in  two  hundred  pounds  apece  for  his  per- 
formance of  the  the  same  accordingly. 

Taken  in  Court. 

Thomas  Gould,  of  Narragansett,  recognizeth  himselfe  Tho8.  cm, 
vnto  his  Majestye  Charles  the  Second,  King  of  England, give3bond' 
&c,  in  the  sume  of  fower  hundred  pound  starling,  to  doe 
and  performe  in  time  and  manner,  in  each  respect  accord- 
ing to  the  conditiones  of  the  injunctiones  above  expresed, 


44 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1664.  ami  that  he  is  therein  well  content.  John  Gould  and 
■^^-^  John  Briggs,  both  of  Rhod  Island,  are  his  suretyes  in  two 

hundred  pound  starling  for  his  performance  of  the  same 

accordingly. 

Taken  in  Court. 
John  Hickes,  of  Newport,  or  Connonnicutt,  rccognizeth 
u°ihboDi£e  himselfe  vnto  his  Majestye  Charles  the  Second,  King  of 
England,  &c,  in  the  sume  of  two  hundred  pounds  star- 
ling, to  doe  and  performe  the  same  in  time  and  manner  in 
each  respect  according  to  the  conditiones  of  the  injunction 
above  expressed,  and  that  hee  is  therein  well  content. 
Robert  Carr  and  Caleb  Carr,  both  of  Newport,  are  his 
suretyes  in  one  hundred  pound  starling,  for  his  perform- 
ance of  the  same  accordingly. 

Taken  in  Court. 
John  Wood,  of  Newport,  on  Rhod  Hand,  recognizeth 
h2Xnd°a  himselfe  vnto  his  Majestye  Charles  the  Second,  King  of 
England,  &c,  in  the  sume  of  two  hundred  pound  starling,  " 
to  doe  and  performe  the  same  in  time  and  manner  in  each 
respect  accordingly  to  the  conditiones  of  the  injunctiones 
above  expresed,  and  that  therin  he  is  well  content.  John 
Pepcrdy  and  Edward  Roberson,  both  of  Newport,  are  his 
suretyes  in  one  hundred  pound  starling,  for  his  perform- 
ance of  the  same  accordingly. 

Taken  in  Court. 
Whereas,  Thomas  Jenninges,  of  Portsmouth,  haveing 
ThoB.  Jen.  ben  convicted  for  the  act  of  Fornication,  and  for  the  same 

ninKsliispe- 

titiou.  fined  fortyc  shillings  by  the  Court,  March  8,  1663,  64, 
and  having  presented  to  this  Court  his  petition  praying  the 
Court  to  remitt  the  fine,  the  Court  doe  order  and  declare, 
that  the  sayd  Thomas  Jennings  being  free  and  willing  to 
goe  to  the  Massatusitts  vpon  any  publick  account,  that  hee 
shall  bee  called  vnto  and  contentedly  goe  for  ten  shillings, 
and  the  remitting  the  sayd  fine,  the  Court  doe  remitt  the 
rest. 

Mary  Tayler,  daughter  to  Robert  Tayler,  of  Newport, 
and  George  Hulatt,  servant  to  Mr.  William  Coddington, 


AND  PROVIDENCE  PLANTATIONS. 


45 


haveing  ben  convicted  for  fornication  by  the  late  Court  of  1664. 
Trialles,  in  March,  1663,  64,  and  by  the  sayd  Court  fined  ^-^-v-^ 

t    George  Hu- 

fortye  shillings  apeece  ;  and  the  sayd  Tayler  pleading  his  UttI'^£» 
daughter's  poverty,  and  the  burden  upon  himselfe,  and  the  hl™!the1r 
sayd  George  Ilulate  petitioning  that  hee  hath  suffered  infiDC' 
his  being  three  dayes  iu  the  prison  in  a  bitter  cold  season, 
the  sence  of  which  being  presented  to  this  Court,  and  the 
Court  considering  the  same,  and  finding  that  the  sayd 
George  Hulate  and  Mary  Tayler  being,  since  this  offence 
was  committed,  married  to  each  other,  the  Court  doe  re- 
mitt  the  one  halfe  of  ther  fine. 

Ordered,  That  the  bill  of  James  Rogers,  Generall  Sar-  s^r'1  r°e- 

°        '  ers  bill 

gant,  is  aproved  of ;  which  bill  is  ten  pound,  fower  shil- owned- 
lings,  and  ordered  to  be  payd  by  the  fower  townes  equal- 
ly ;  which  is  fifty  one  shillings  from  each  towne. 

Wheras,  Richard  Smith,  Thomas  Gould,  John  WoodRichaid 

'  '  '  Smith  and 

and  John  Hickes  wear  formerly  bound  to  the  Court  of  ^eT'/6" 
Trialles  that  sate  in  March  last  past,  and  alsoe  were  then their  bonds' 
agayne  bound  by  recognicence  to  this  Court,  the  Court 
declares  these  bonds  to  be  voyd. 

Ordered,  That  the  Governor  be  desired  to  write  to  Mr.  TheGov'rto 

write  to  Mr 

Richard  Smith,  Sen'r,  to  desier  him  to  come  before  the  |^t"sen'r. 
Court,  and  that  a  warrant  goe  from  the  Court  to  require 
John  Greene,  Sen'r,  living  at  Narragansitt,  to  come  before 
this  Court. 

The  letter  that  the  Governor  hath  drawne  vp  to  be  sent 
to  Mr.  Richard  Smith,  Sen'r,  is  aproved  of,  and  ordered 
to  be  sent  him  presantly. 

Latter  from  Rhode  Island  to  R.  Smitli. 

Mr.  Smith  and  worthy  Sir  : 

After  the  presentation  of  respects  unto  you  :  these  are 
presented  purposly  at  this  time  to  informe  and  advise  you  : 
that  whereas  yow  are  an  antiant  inhabitant  of  this  Collo- 
ny,  and  for  whome  the  Collony  hath  had  a  good  report,  as 
by  their  moderate  demonstrations  (in  all  occasions  heither 


40 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


lGG4.  unto,  in  such  cases  where  force  might  have  been  extend- 
cd),  it  hath  appeered !  the  which  was  alwaies  believed 
and  desired  would  operate  on  your  more  ingenious  temper 
to  returne  your  candid  and  respective  presentation  of  the 
same,  and  an  answerable  and  reciprocal  kinde  deportment 
towards  the  government  in  all  offices  of  love  and  duty  : 
yett  seeing  things  seem  as  volgarly  presented,  that  yow 
seemc  rather  inclined  to  an  estraingmcnt  from,  and  neg- 
lect of  your  frauds,  neighbours  and  the  government  estab- 
lished and  settled  in  this  Collony  with  other  aditional  re- 
lations and  representations,  as  if  your  inclinations  are  (if 
not  your  practices  also)  to  adhere  unto,  or  rather  to 
provoakc  a  remote  jurisdiction  to  take  place  and  to  exer- 
cise power  in  the  heart  and  bowills  of  this  Collony  :  upon 
the  constant  and  frequent  report  of  your  inclinations,  &c, 
the  Court  still  remaininge  the  same  your  respective 
ffreinds,  and  retaining  the  same  desires  of  your  welfaire 
and  honorable  deportment  in  this  sayd  Collony,  have 
therefore  waved  the  absolute  acceptation  of  the  aforesayd 
representations  for  truth,  untill  the  Court  shall,  from  your 
personal  returne  to  them  more  cleerly  demonstrate  the 
certainty  of  your  owne  perswasions  in  this  respect :  to 
which  end  they  desire  yow  to  come  over  with  this  bearer, 
ror.  Robert  Carr,  and  here  declare  your  minde  or  de- 
sires in  the  premises ;  which  sayd  returne  of  yours  ac- 
cordingly will,  in  a  great  measure  remove  the  occasions  of 
discontent  ;  which  wee  seriously  and  heartily  desire  may 
be  done,  considering  the  effects  that  must  necessarily  insue 
upon  a  noncompliance  and  correspondence  to  his  Majes- 
tyes  gracious  letters  pattents  granted  unto  this  Collony,  to 
which  there  must  bee  such  a  dutifull  and  obediant  submis- 
sion and  subjection  as  is  most  naturall  and  agreeable 
unto  faythfull  subjects  to  performe,  which  doth  also  oblidg 
us  to  urge  (and  in  case  to  compell)  a  suitable  conformity 
from  all  men  residing  on  the  main  land  of  Nahantick,  Nar- 
ragansett,  &c,  as  well  as  on  the  Islands  contained  within 
the  sayd  Royall  graunt  to  this  Collony  ;  the  which  con- 


AND  PROVIDENCE  PLANTATIONS. 


47 


fortuity  wee  desire  may,  for  their  sakes  that  are  to  con-  1664. 
forme,  as  in  espetiall  manner  yourselfe  ;  may  rather  be  >-^~v-*b 
free  and  cheerefull  than  with  compulsive  meanes,  which 
the  Court  desire  not  to  use  except  necessitated  :  where- 
fore, Sir,  your  returne  to  these  presentations  are  atended 
as  abovesayd.  And  in  mean  time  wee  bid  yow  farewell ; 
and  rest  your  loveing  neighbours,  expecting  your  presence 
here.  Signed  in  the  name  and  by  the  order 

of  the  Generall  Assembly  of  tho 
Collony  of  Rhoad  Island  and  Prov- 
idence plantations,  met  at  New- 
port, May  the  4th,  1664. 

JOSEPH  TORREY, 
Generall  Recorder. 

Superscribed, 
To  the  respected  our  loveing  neighbour,  Mr.  Richard 
Smith  of  Narragansett  Cohgomsquisitt,  in  the  Col- 
lony of  Rhoade  Island  and  Providence  plantations. 
These  p.  mr.  Robert  Carr. 

[Richard  Smith  did  not  reply  to  this  letter,  hut  wrote  to  Capt.  Hutch- 
inson, who  was  interested  in  the  controversy,  at  Boston,  enclosing  tho 
letter  to  him,  with  a  request  that  ho  would  make  it  known  to  the  Govern- 
or of  Connecticut.  Richard  Smith,  Jun'r,adds  a  few  lines.  Hutchinson 
and  Hudson,  wrote  to  the  Governor  of  Connecticut,  enclosing  a  copy  of 
the  letter  from  Rhode  Island  to  Richard  Smith,  all  of  which  follow.] 

Letter  from  Richard  Smith,  Sen'r,  to  Capt.  Hutchinson* 

Wickford,  14th  May,  1664. 

Capt.  Hutchinson: 

My  kind  respects  presented  unto  you,  sir.  This  may  give  you  to  un- 
derstand some  late  actions  and  proceedings  of  Rhode  Island  men  ;  and  if 
those  actings  of  theyrs  be  not  countermanded  by  the  government  of  Con- 
necticut, they  will  insult  beyond  measuer.  Three  days  since  they  came 
to  John  Green's  house  att  Aquidnesett  with  a  warrant  from  theyrc  court, 
under  the  Governor's  hand,  and  forceably  fetched  him  awaye  to  Rode  Is- 
land where    l.o  yet  rcn  aynts.    His  gocing  was  also  not  known  to  any 


*  From  Collection  of  manuscripts  in  the  Library  of  the  Uhode  Island  Historical 
Society. 


48 


RECORDS  OP  THE  COLONY  OF  RHODE  ISLANu, 


1664  here;  they  have  olflo  constituted  offisera  at  Potocomscott.  A  letter  was 
scut  to  me  from  theyr  eourtt  perswadeing  me  to  comply  with  them,  the 
which  I  have  enclosed  that  you  may  sec.  I  suppose  that  by  force  and 
violence  they  intend  to  fetch  others  from  hence.  Sir,  itt  will  he  necessa- 
ry for  you  to  give  Connecticutt  intimation  of  theyr  proceedings,  [for]  wo 
may  be  easily  overturned  by  them  if  they  stick  not  to  us.  Some  speedy 
course  had  needc  be  taken,  for  now  they  have  given  us  just  cause  as  can 
be  to  fetch  one  away  by  force,  and  absolutely  exercising  power,  by  war- 
rant under  theyr  hands.  Be  pleased  to  send  mo  back  theyr  letter  agayne. 
Remember  me  to  Capt.  Hudson  and  all  other  friends;  not  else.  To 
theyr  letter  I  returned  them  answer  only  by  word  o'  mouth  by  ye  bearer 
that  brought  it.  But 

Just  your  lovcing  friend, 

RICHARD  SMITH,  Sen'r. 


Capt.  Hutchinson  and  Capt.  Hudson  :* 

I  have  lately  been  to  Rode  Island,  where  I  have  seen  men  working  won- 
ders in  theyr  owno  conceipts.  They  have  ingaged  Mr.  Gould  to  apeare 
there  agayne  next  October,  come  twelve  months,  if  they  see  not  cause  to 
release  us  sooner,  the  bond  to  continue  till  then,  as  also  good  behaviour ; 
but  we  are  not  tyed  within  the  bowndry  of  theire  colonj'.  They  did  pro- 
tend much  love  to  us,  desireing  us  to  crave  favor  of  them,  which  iniplyes 
that  we  should  owne  ourselves  guilty  of  something;  but  we  refuseing 
that,  the  result  of  the  court  was  as  abovesaid,  or  to  prison.  They  aro 
resolved  to  drive  all  before  them  if  they  cannot  prevent  them,  not  else. 

But  I  rest  your  obliged 

friend  and  servant, 

Wickford,  May  14,  1GG4.  RIC.  SMITH,  Jun'r. 

Hutchinson  and  Hudson  to  the  Governor  of  Connecticut. 

Boston,  20  May,  1GG4. 

Honored  Sir : 

Humble  services  presented  to  your  worship  with  y"  rest  of  ye  gentle- 
men in  gouerment,  with  yourselfe  at  Conecticott,  as  alsoo  to  mrs.  Win- 
thrope  and  your  sonnes  and  dauters,  with  many  thanks  for  al  your  fa- 
uours,  we  haueing  receaued  letters  from  Naraganset  lately,  which  ac- 
quaints vs  with  some  proceedings  laitely  of  Roade  Island  men,  did  looke 
at  ourselues  as  bounde  to  acciuainte  you  with  them,  and  craue  your  ad- 
uice  and  direction  what  to  doe,  we  send  inclosed  the  letters  that  came  to 
vs,  that  you  may  see  more  fully  how  the  caise  is,  and  giue  us  direction 
therein  with  what  conueniency  may  be,  onely  wc  haue  another  thinge  to 


*  This  and  tho  preceding  letters  aro  copied  from  the  manuscripts  in  the  possession 
of  the  Rhode  Island  Historical  Society. 


ABB  PROVIDENCE  PLANTATION'S. 


49 


liinte  to  you,  which  is  reported,  though  we  cannot  beleue  any  such  thing.  1664. 

There  is  a  man  that  is  y'  Constable,  apoiuted  by  Roade  Island  men  ;it  ^^^^^ 

Petacomscot,  which  is  a  place  under  your  jurisdiction,  and  propriety  of 

y'  lands  that  belong  to  vs,  who  tels  some  of  our  people  at  Xaraganset  that 

yourselfe  and  y*  rest  of  y'  gentlemen  at  y'  Court  at  New  London  did  write 

a  letter  to  ye  gouerment  of  Roade  Island,  that  you  disclaimed  both  our 

towneship  and  y*  rest  of  our  lands  from  your  gouernment ;  which  though 

we  question  not  y'  falsenes  of,  yet  could  doe  noe  lesse  than  informe  you 

of  it :  and  you  may  be  pleased  to  consider  whether  it  be  not  conuenient 

he  being  in  yuor  jurisdiction,  to  presente  him  for  his  soe  belyinge  y* 

Courte.    But  sending  oar  information,  we  shal  not  any  further  troble 

your  worship,  onely  take  leaue,  desireing  y'lorde  to  guide  you  in  all 

things  to  his  glory,  which  is  ye  praire  of  your  humble  servants. 

We  craue  of  your  worship  to  coin-  EDWARD  HUTCHINSON, 

municate  to  y*  Court  this  inteli-         WILLIAM  HUDSON. 

gence  from  Xaraganset. 

Vpon  the  debate  that  have  ben  vpon  the  difFerance  be-^'«*>y 

r  ■  with  the 

twext  this  Collony  and  the  Collony  of  the  Massatusitts  :  itMasietuset,s 
is  ordered,  That  ther  shall  be  a  treaty  with  them  according 
to  ther  proposalles. 

Ordered,  That  Mr.  John  Greene  and  Joseph  Torrey Menapomt- 

A  *  ed  to  treate. 

are  appoynted  to  be  the  men  that  are  to  treate  with  the 

two  that  are  apoynted  by  the  Court  of  the  Massatusitts. 

.    Ordered,  That  the  Governor,  Mr.  Roo-er  "Williams,  commi*- 

0  sion  and  in- 

Mr.  John  Sanford,  and  Mr.  John  Greene,  are  desired  to structions- 
draw  vp  instructions  and  a  commission  for  those  that  are 
chosen  to  treat  with  the  agents   of  the  Massatusitts 
Collony. 

Ordered,  That  the  commission  and  the  instructions  The  com- 
mission 

drawne  vp  by  the  Governor,  &c,  which  hath  ben  read  andaproTedot 
considered  in  Court  for  Mr.  John  Greene  and  Joseph  Tor- 
rey, to  impower  them  to  treate  with  the  commissioners  of 
the  Massatusitts,  is  by  the  Court  aproved  of. 

Ordered,  That  noe  coppies  of  the  commission  and  in-  »oe  coPPies 

A  1  to  goe  lorth 

struction  that  is  drawne  vp  as  aforesayd,  shall  goe  forth  to Tntul  ordor- 
the  several!  townes,  vntill  the  Governor,  deputy  Govern- 
or, &c,  shall  see  cause  to  order  the  same  to  be  sent  to  the 
severall  townes. 

Ordered,  That  Mr.  John  Sanford  shall  signe  and  vnder-  John  San- 
writt  the  commission  and  instructions  drawne  vp  for  Mr.  secret!^.43 

vol.  11.  7 


50 


HKCOliDS  OF  '1  11  i:  mr.O.VY  or  KHODK  ISLAND, 


1064.  John  Greene  and  Joseph  Torrey  (as  secretary),  by  order 
of  (his  Court. 

KajxtoMdtt  __    _  .  ■ 

Ordered,  That  Mr.  Arthur  henner,  Mr.  John  BriffffS, 

oouni^johi       j0]jn  "Weeks,  Sen'r,  and  Joseph  Torrey,  are  apoynted 

to  audit  the  accounts  of  Mr.  John  Sanford,  who  hath  ben 

formerly  iin ployed  as  publick  Tresurcr,  and  to  make  thcr 

rcturne  to  this  Court  by  to  morrow  eight  of  the  clock. 

To  Caj)t.  John  Greene  and  Leflenant  Joseph  Torrey. 


The  Com 
mission. 


You  are  hearby  desiered,  commissioned,  and  fully  im- 
powered  to  repayre  vnto  Secounck,  alias  Rehobath,  vpon 
the  last  day  of  this  presant  month  of  May,  being  Tuscday  : 
Then  and  ther  to  meette  and  begin  to  treat  accor/ding  to 
instructiones  given  you  with  two  commissioners,  in  lycke 
manner  authorized  from  and  by  the  government  of  the 
Massatusitts  ;  and  in  the  sayd  treaty  to  continue  as  long 
as  cause  requircth,  for  the  full  and  finall  issuing  and  com- 
,.  .  positi";  (if  it  may  be)  of  all  those  vncomfortable  diiferances 

Benedict  Ar- 1  0  v  J  J 

now,  govt.  anj  gVCiVanccs  that  have  occasionally  of  late  ycares  aris- 
sen,  concearning  pretences  about  the  place  and  plantation 
called  Ascoamacott,  on  the  east  side  of  Pawcatuck  river : 
and  you  are  to  make  returne  in  writting  the  issue  of  your 
proceeds  to  the  Governor,  Counsell,  or  Generall  Assembly 
of  this  Collony  ;  and  in  testimony  hearof,  the  Seale  of  this 
Collony  of  Rhode  Hand  and  Providence  Plantations,  is 
hearvnto  affixed  by  order  of  the  Generall  Assembly  of  the 
sayd  Collony,  held  at  Newport,  the  4th  day  of  May,  in 
the  sixteenth  yeare  of  the  raygne  of  our  soveraigne  Lord 
the  King,  Charles  the  Second  of  England,  Scotland, 
France  and  Ireland,  &c,  and  Anno:.dom:  1664. 

JOHN  SANFORD, 

Secretary. 


The  Gov'rs 
bill  owned. 


Ordered  by  this  Assembly,  that  whereas  the  Governor 
hath,  at  sevcrall  times,  laycl  out  money  for  the  Collony  to 
the  value  of  five  pound,  eighteen  shillings,  &c,  the  Court 


AND  PROVIDENCE  PLANTATIONS. 


51 


doc  order  that  hee  shall  be  payed  by  Mr.  John  Sanford,  1G64. 
out  of  that  money  that  hee  hath  in  his  hand,  as  belonging v^v^* 
to  the  Collony. 

Ordered,  That  the  Deputy  Governor  is  to  have  tbirtye^d*pujy 
shillings  out  of  the  publick  treasury.  b'n' 
Ordered,  That  Mr.  William  Carpenter  haveing  layd  out  Mr.  wii-iam 

'  1  ...  Carpenter's 

money  for  the  Collony,  to  the  value  of  thirty  shillings, biU- 
besides  somethinge  that  hee  hath  payd  by  way  of  fine,  it 
is  ordered  to  be  payd  by  the  publick  treasurer. 

Ordered,  That  John  Garriardy,  Jeremiah  Westcott,  and^^g1; 
Edward  Marshall,  haveing  spent  five  days  to  bring  an  In- 
dian to  prison  fro*m  Warwick  to  Newport,  or  before  the 
Governor,  and  haveing  presented  to  this  Court  ther  bill, 
amounting  to  the  value  of  three  pounds,  two  shillings 
and  sixpence,  it  is  accepted  of,  and  ordered  to  be  payed 
out  of  the  public  treasury. 

Ordered,  That  John  Greene's  petition  shall  be  con- 
sidered. 

John  Greene,  Sen'r,  living  at  Narragansitt,  or  Aquid- ^nei 
nesitt,  having  ben  called  before  the  Court  for  to  answer Nanaean- 
before  the  Court  for  his  adhearing  to  the  ffoverment  office  Pur- 

°  t  b  doned. 

Connecticut ;  and  having  been  examined  consearning  the 
premises,  hee  soe  answered  as  did  give  the  Court  just  of- 
fence ;  and  vpon  the  sence  therof,  the  sayd  John  Greene 
doth  present  his  petition,  praying  the  Court  to  pardon  his 
sayd  offence  in  his  adhearing  to  the  goverment  of  Coneti- 
cott,  and  his  answering  to  the  same  before  the  Court  as 
hee  did  :  vpon  the  real  consideration  of  the  aforesayd  pe- 
tition the  Court  doe  pass  by  his  offence  ;  and  doe  promise 
to  the  aforesayd  John  Greene  all  lawfull  protextion,  and 
doe  declare  that  hee  is  still  loocked  on  as  a  freeman  of  the 
Collony. 

In  consideration  of  the  great  neglect  and  defficiency  in  Military 
the  vse  of  the  military  exercise  in  most  townes  in  this 
Collony,  and  considering  his  Majestyes  spcciall  care  of  the 
saftye  of  this  corporation,  in  taking  such  speciall  care  con- 
cearning  the  exercise  of  the  people  thereof  in  trayning  and 


52 


RECORDS  OF  TUE  COLONY  OF  RHODE  ISLAND, 


1GG4.  marfciall  discipline,  as  is  at  large  expresed  in  his  Mnjestyes 
<^*v-«l^ gratioues  letters  pattents  ;  and  further,  considering  the 
danger,  reproach,  and  other  inconveniancyes  lying  vpon,  or 
lyckly  to  ensue  vnto  the  whole  in  that  neglecte,  &c. 

Therfor,  for  the  presant  reviucing  the  exercise  and  dis- 
cipline in  the  Collony,  and  vntill  more  especiall  order  may 
bee  partickelarly  taken  and  made  by  the  Gencrall  Assem- 
bly in  time  to  come,  for  the  incorraging  and  farther  pro- 
pagating the  lively  exercise  of  the  sayd  discipline  ;  the 
Assembly  doe  order  and  declare,  that  every  respective 
towne  in  this  Collony,  shall,  as  formerly,  have  the  choyce 
of  thcr  military  officers  ;  and  that  yearly  vpon  the  last 
Monday  in  the  month  of  May  :  and  that  the  Assistant  or 
Assistants  in  each  respective  towne  doe  for  this  first  yeare 
give  forth  spedyly,  warrant  for  assembling  the  company 
together  on  Munday,  the  30th  day  of  this  instant,  May  ; 
and  that  then  the  trayned  souldyars  or  such  as  are  capable 
to  trayne,  be  permitted  and  recpiired  to  elect  ther  respec- 
tive officers  for  the  exercising  the  people  of  each  respec- 
tive towne,  in  armes,  and  that  the  sayd  captain  in  each 
towne  doe  accordingly  give  out  warrants  from  time  to  time 
to  warne  the  people  listed  to  trayne  vpon  all  such  dayes  as 
are  by  the  Collony  formerly  appoynted,  for  the  exercise  of 
trayning,  and  that  all  be  required  on  such  dayes  to  ap- 
peare  in  armes,  compleat ;  and  to  exercise  vnder  ther  re- 
spective officers,  as  by  former  lawes  in  the  Collony  is  pro- 
vided. And  farther,  that  in  case  of  defects  in  such  cases 
as  aforesayd,  the  penalty  formerly  sett  to  be  taken  by 
distraynt,  by  warrant  from  the  Governor,  deputy  Govern- 
or, or  from  one  Assistant  in  either  towne  ;  the  defective 
parsones  being  first  fined  by  the  Counsell  in  each  towne  ; 
consisting  of  the  magistrats,  Captain  and  Leftenant  of  the 
towne  or  majour  part.  And  farther,  it  is  ordered,  that 
for  the  succeeding  yeares  the  Captain,  or  in  his  absence 
the  Leftenant,  in  each  towne,  is  to  give  warrant  to  call  the 
people  together  to  elect  ther  sayd  military  officers,  on  the 
-:'yd  last  Munday  in  May,  yearly;  and  this  to  be  in 


AND  PROVIDENCE  PLANTATIONS. 


force  till  farther  order  as  abovesayd  ;  as  alsoe  the  Clarke  16G4 
of  the  traynband  shall  returne  the  names  of  the  military  -^~*~/ 
officers  presautly  or  within  two  days  after  the  election  of 
them  as  aforesayed  vnto  the  Governor,  or  chieffest  magis- 
trate in  each  towne,  to  be  by  him  returned  to  the  Gener- 
all  Recorder,  to  to  be  recorded. 

Affairs  of  Block  Island. 

To  James  Sands  and  Thomas  Terry  of  Block  Island,  in 
the  Collony  of  Rhode  Hand  and  Providence  plantations, 
in  New  England,  &c. 

Whereas,  in  answer  to  severall  petititions  or  addresses,  jamef to 
bearinsr  date  the  4th  of  May,  1G64,  presented  to  thisxLs  Terry 
Court  in  the  name,  or  by  the  sayd  James  Sands,  Thomas Is!and- 
Terry,  as  alsoe  by  Joseph  Kent  in  behalfe  of  the  inhabit- 
ants of  the  sayd  Block  Island,  both  as  respecting  admitting 
the  sayd  inhabitants,  that  are  house  keepers,  to  be  free- 
men of  the  Collony  aforementioned  ;  as  alsoe  for  the  well 
ordering  the  sayd  inhabitants,  and  such  as  shall  sojourn, 
dwell,  or  come  to  the  sayd  Hand,  &c,  vntill  some  farther 
course  may  be  taken  in  the  premises,  for  a  more  absolute 
putting  the  sayd  inhabitants  into  a  postuer  of  ordering 
themselves.  The  Court  have  not  only  taken  the  first,  but 
alsoe  the  second  addresses  aforesayd  into  consideration, 
and  have  in  answer  therto,  accepted  such  as  you  presented 
for  freemen  as  in  an  other  paper  concearniug  the  matter, 
it  doth  appeare  ;  but  alsoe  have  taken  speciall  care  for 
the  presant  governing  of  the  sayd  Hand,  as  by  an  instru- 
ment hear  with  committed  vnto  you,  it  doth  more  playnly 
appeare  :  you  the  sayd  James  Sands,  and  Thomas  Terry, 
are  requiered  and  commissioned  to  call  all  the  sayd  in- 
habitants together,  as  are  mentioned  in  your  sayd  petition, 
and  that  with  all  conveniant  speed  ;  and  being  assembled, 
you  are  to  read  vnto  them  the  orders  of  this  Court  for  the 
presant  regulation  as  above  mentioned  ;  and  before  you 


54 


RECORDS  OF  THE  COLONY  OK  RHODE  ISLAM), 


1GG4.  declare  and  owne  them  freemen  of  the  Collony,  you  are 
t0  take  vnder  fcher  hand  in  writting  to  this  purpose,  that 
they  doc  owne  and  declare  that  they  did  commissionatc 
j'.nd  appoynt  you  two,  and  Joseph  Kent  to  request  this 
Court  to  adniitt  them  freemen,  or  that  they  doe  then  de- 
sicr  the  same  ;  as  alsoe  that  they  will  beare  fayth  and  al- 
legance  vnto  his  Majestye  Charles  the  Second,  King  of 
England,  &c,  his  heires  and  successors,  and  will,  accord- 
ingly to  the  lawes  in  this  Collony  that  be  or  shall  be  hear 
established,  be  regulated  and  thearto  yeald  due  obedi- 
ance  ;  and  none  others  are  you  to  admitt  but  such  as  shall 
observe  and  doe  as  aforesayd,  in  signing  such  a  writting  ; 
and  then  according  to  instructiones  to  you  given  in  an 
other  writting,  you  are-to  record  the  names  of  such  as  ate 
accepted  and  admitted  freemen  of  this  Collony,  and  you 
are  to  bring  or  send  the  writting  signed  by  ther  hands  as 
aforesayd,  to  the  Generall  Recorder  of  this  Collony,  with 
all  conveniant  speed,  to  remayne  on  file  in  the  sayd  of- 
fice. And  when  you  have  soe  accepted  and  declared  such 
inhabitants  freemen,  you  are  speedily  to  desier  and  re- 
quier  them  to  elect  a  third  select  man  vnto  yourselves,  and 
him  you  are  to  ingage  according  as  is  ordered  in  the  fore- 
sayd  orders  of  this  Court,  and  are  alsoe  to  ingage  such 
other  officers  as  the  freemen  elect,  as  Constable,  Clarke, 
&c,  to  be  faythfull  in  their  respective 'office  and  offices, 
according  to  the  forme  of  the  ingagement  to  you  delivered 
as  aforesayd  :  as  alsoe  you  are  to  ingage  or  reingage  in 
the  Collonyes  name  vnto  every  such  officer  that  gives  his 
ingagement  as  afore  is  sayd,  that  yOu  will  stand  by  and 
mayntayne  them  in  the  discharge  of  ther  sayd  places  and 
office  or  offices  accordingly  ;  and  this  you  are  in  his  Maj- 
estyes  name  required  faythfully  to  atend  vnto  and  accord- 
ing to  the  contents  hearof,  being  given  vnder  the  hand  of 
the  Governor,  with  the  Seale  of  this  Collony  hearto  afixed. 
Per  order  of  the  Court,  the  fowerth  day  of  May,  in  the 
sixteenth  yeare  of  the  raygne  of  our  sayd  Soveraigne  Lord 


AND  PROVIDENCE  PLANTATIONS.  ^  5§ 

Lord,  Charles  the  Second,  King  of  England,  &c,  and  1664. 
Anno:  ilomini:  16C4.  ^-v-^ 

JOSEPH  TORRE Y, 

Generall  Recorder. 

Att  a  Generall  Assembly  of  the  Collony  of  Rhode  Hand  and 
Providence  Plantations,    assembled  Rhode  Hand,  the 
fowerh  of  the  third  month  (May),  so  called,  1664,  and  in 
the  sixteenth  yeare  of  the  raygne  of  Charles  the  Second, 
King  of  England,  Scotland,  France,  Ireland,  $*c. 

Whereas  it  hath  pleased  the  most  high  in  his  mercy  full  bJ07e™ee 
providence  to  incline  the  heart  of  our  Soveraygne  lord  the  Bioik^Inu 
King,  Charles  the  Second,  King  of  England,  &c,  to  be 
gracioues  and  faverable  to  all  Xew  England,  and  in  espe- 
ciall  manner  vnto  ourselves  the  Collony  of  Rhode  Hand 
and  Providence  plantationes,  by  his  Majestyes  late  royall 
grant  vnder  his  broad  Seale,  vouchsafed  vnto  vs,  in  which 
grant  or  Charter,  his  Majestye  hath  ben  pleased,  expresly 
to  nomminate  Block  Island  as  a  part  of  this  Collony. 

And  whereas  in  obediance  to  his  Majestyes  royall  plea- 
suer  the  last  Generall  Assembly  of  this  Collony  took  care 
to  signifie  his  Majestyes  pleasuer  to  our  well  beloved  frends 
and  countrymen,  the  inhabitants  of  Block  Island  afore- 
sayd  :  and  the  afoTesayd  inhabitants  of  Block  Island  have 
this  day  by  their  messengers,  James  Sands,  Thomas  Ter- 
ry, and  Joseph  Kent  declared  vnto  this  Assembly  ther 
professed  subjection  and  obediance  vnto  his  Majestyes 
sayd  royall  pleasuer,  • 

It  is  therefore  thought  fitt  and  nessessary  by  this  Gen- 
erall Assembly  to  settle  and  establish  a  way  and  order 
(vntill  farther  order  be  taken)  of  presearving  the  King's 
Majestyes  peace,  and  of  administering  his  equal!  justice 
vnto  all  his  loyall  subjects  vpon  the  Hand  aforesayd,  for 
the  honour  of  his  Majesty  and  the  bennifite  and  comfort  of 
his  loving  subjects  in  such  a  remote  condition. 

It  is  therfore  thought  fitt  by  this  Generall  Assembly  by 


RECORDS  OF  TITE  COLONY  OF  RHODE  ISLAND, 


1GG4.  these  presents  to  onlay ne  and  appoynt,  that  three  ahle 
*j*«-v*te>  and  discreate  men  of  the  inhabitants  aforsayd,  wherof 
tnotntodto  James  Sands  and  Thomas  Terry  shall  be  two,  who  are 
aUtrea     hearby    impowered    to    call   the    inhabitants  together 
ami  rcqnier  them  in  his  Majestycs  name  to  choose  a 
third  ;  which  three  men,  or  any  two  of  them  agreeing, 
shall  have  power  from  time  to  time  to  call  the  inhabitants 
together  vpon  all  emergant  occasions  for  ther  common 
publicke  affaires  :  as  alsoe  to  grant  warrant  in  his  Majes- 
tycs name  for  ther  hearing  and  determining  of  all  causes 
not  exceeding  the  value  of  fortye  shillings  ;  as  alsoe  to 
grant  an  appeale  to  any  parsone  grieved  with  ther  sen- 
tance,  taking  bond  for  ther  prosecutinge  ther  appeale  in 
his  Majestycs  Generall  Courts  of  Triall  in  this  Collony, 

trycaisc0  and  of  satisfying  the  sentance  and  charges  thervnto  be- 
not  .-xccetl-  J     °  ° 

inp  forty    longing  and  following  ;  as  alsoe  in  all  actiones  of  the  value 

shillings.  O     O  o  ? 

of  above  fortye  shillings,  it  shall  be  lawfull  for,  and  in- 
cumbant  vpon  any  one  of  the  sayd  select  men,  to  give 
forth  writt  or  writts  to  such  as  requier  the  same  :  for  the 
ataching  the  parson  or  parsones  or  goods  of  the  parson  ; 
which  writt  shall  be  served  by  the  Constable  that  shall  be 
therto  requiered,  and  hee  shall  take  sufficient  bond  or  se- 
curyty  for  the  defendants  appearance,  and  answering  the 
plaintiffe  at  the  Generall  Court  of  Trialls  holden  for  this 
Collony,  in  which  such  actiones  are  to  be  tryed  ;  and  the 
sayd  Constable  to  make  returne  of  such  bonds  to  the  offi- 
cer that  granted  the  writt ;  as  alsoe  the  plaintiffe  and  de- 
fendant shall  to  the  sayd  officer  put  in  ther  declaration  and 
answer  in  manner  and  time  as  by  law  is  ordered,  and  that 
the  sayd  officer  cause  the  sayd  bonds,  declaration  and  an- 

Priminal 

causes,  they  swer  to  be  returned  to  the  Generall  Recorder,  at  or  before 

n  ive  liberty  ' 

totie^S^tbe  Court  to  which  they  referr  :  and  in  all  criminal  causes 
of  Tryaiis'  the  sayd  three  men  or  any  two  of  them  agreeing,  are 
hearby  impowered  to  grant  forth  warrants,  and  to  cause  to 
be  brought  before  them  any  of  the  inhabitants  there  abid- 
ing, or  strangers  amongst  them,  complaining  or  complayn- 
ed  of,  as  they  see  cause  vpon  examination  to  bind  over 


AND  PROVIDENCE  PLANTATIONS. 


57 


such  parson  or  parsones  to  answer  at  the  Generall  Court  1664. 
of  Trialles  to  be  held  in  his  Majestyes  name  from  time  to  »^-v~^ 
time  in  this  Collony. 

And  wheras  it  hath  pleased  his  Majestye  to  declare  that^^to 
such  other  towns  as  shall  be  hearafter  joyned  to  the  townes  Deputjes- 
actually  in  being  in  this  Collony,  shall  be  invested  with 
the  priviledge  of  sending  Deputyes  vnto  the  Generall  As- 
sembly, this  Court  declareth  ;  That  vpon  the  desier  of  the 
sayd  inhabitants  presented  and  willingnes  to  be  at  the 
charge  of  attending,  the  Court  shall  be  willing  to  favour 
ther  desiers  and  to  accommodate  them  with  all  possable 
incourradgment.  And  wheras  it  is  necessary  that  the  in- 
habitants aforesayd  be  acquainted  with  the  lawes  of  this 
Collony,  wee  signifie  that  for  a  small  and  erpiall  consider- 
ation, our  Recorder,  Joseph  Torrey,  is  to  grant  them  a 
transcript  of  our  body  of  lawes  established  amongst  vs. 

At  present  this  Generall  Assembly  judgeth  it  ther  duty  Liberty  of 


to  signifie  his  Majestyes  gracioues  pleasuer  vouchsafed  in  de^aredjn 
these  words  to  vs,  verbatim  (viz.)  :  That  noe  parson  with- 
in the  sayd  Collony  at  any  time  hearafter,  shall  be  in  any 
wayes  molested,  punnished,  disrpiieted  or  called  in  cpies- 
tion  for  any  differance  of  opinion  in  matters  of  religion, 
and  doe  not  actually  disturbe  the  civill  peace  of  the  sayd 
Collony. 

This  Assembly  alsoe  declareth  against  any  parson  acting  yone  to  act 
in  any  publike  office,  except  hee  first  take  the  engage-  office  w!th-ue 
ment  according  to  the  forme  hear  subjoyried.  engaged? 

You,  A.  B.,  &c,  sollemly  engage  to  be  true  and  fay th- The 
full  vnto  our  Soveraigne  Lord  the  King,  Charles  the  Sec- 
ond, of  England,  Scotland,  France  and  Ireland,  and  do- 
miniones  and  territoryes  therevnto  belonging  ;  and  to  his 
sayd  Majesty,  his  heirs  and  successors,  true  allegeance  to 
beare  and  exicute  your  commission,  charge  and  office,  ac- 
cording to  the  best  of  your  skill  and  knowledge  without 
partiallyty  or  affection  to  any  ;  ,and  that  according  to  the 
lawes  allready  established,  or  to  be  established  in  this  Col- 
lony. 

VOL.  II.  8 


engage- 
ment. 


* 


58  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G04.  This  ingagement  you  make,  and  ingage  to  obscarve, 
^-^^  vnder  the  penalty  of  perjury. 

At  prcsant  this  Assembly  hath  ingaged  James  Sands 
iSdTtomM&nd  Thomas  Terry,  and  authorized  them  to  ingage  the 
g»g2.en"    third  select  man,  and  they  or  any  two  of  them  to  ingage  a 
Constable  or  Constables,  and  the  succeeding  commission- 
ers or  select  men  a  Clarke,  to  make  and  keep  the  publick 
records.    At  the  taking  of  the  ingagement  by  any,  ther 
a  recipe-    must  bee  a  re -engagement  given  in  the  Colloneys  name,  to 
gagemeut.  stan(]  by  and  assist  such  parsones  in  the  exicution  of  ther 
offices  and  performance  of  ther  dutyes. 

It  is  alsoe  the  pleasuer  and  appoyntment  of  this  Gen- 
None  to     ciall  Assembly,  that  none  presume  to  vote  in  the  matters 

voale  but 

truemcn.    afforosayd,  but  such  whome  this  Generall  Assembly  ex- 
presly  by  ther  writting  shall  admitt  as  freemen. 

Whcras,  Mr.  James  Sands,  of  Block  Island,  being  a 
Block  isi.md  freeman  in  this  Collony  or  corporation  of  Rhode  Hand  and 

men  admit- 
ted freemen.  Providence  Plantations,  &c,  together  with  Joseph  Kent 

of  Block  Island,  hath  presented  their  humble  petition  to 
this  Court,  being  the  Generall  Assembly  of  this  Collony, 
in  behalfe  of  Thomas  Terry,  Peter  George,  Simon  Raye, 
William  Harris,  Samuell  Dearing,  John  Rawsbone,  John 
Davies,  Samuell  Staple,  Hugh  Williames,  Robert  Guter- 
ry,  William  Tosh,  Tollman  Rose,  William  Carhoone, 
Tristrome  Dodge,  John  Clark,  Joseph  Kent  and  William 
Barker,  inhabitants  and  house  keepers  at  Blocjk  Island 
afore  mentioned  ;  desiering  that  the  forementioned  inhab- 
itants may  be  admitted  freemen  of  this  Collony  aforesayd, 
and  being  demanded  if  they  the  sayd  James  Sands  and 
Joseph  Kent  did  know  that  all  the  forenamed  parsones 
weare  men  of  peaceable  and  good  behaviour,  and  lyckly  to 
prove  worthy  and  helpfull  members  of  the  Collony,  they 
answered  yea  :  whereupon  the  Court,  on  caution  and  in- 
structiones  given  to  the  sayd  petitioners,  have  accepted 
and  admitted  all  the  sayd  inhabitants  aforementioned,  to 
be  free  of  this  sayd  Collony,  or  soe  many  of  them  as  shall 
give  vnder  ther  hands  in  writting,  according  to  the  in- 


AND  PROVIDENCE  PLANTATIONS. 


59 


structions  given  aforementioned,  excepting  only  for  the  1664. 
presant,  Mr.  Hugh  Williams,  concearning  whom  the  Court 
desier,  that  before  hee  be  admitted  into  the  sayd  freedom 
of  the  Collony,  hee  doe  repaire  by  the  first  convenient  op- 
portunity vnto  the  Court,  or  to  the  Governor,  deputy 
Governor,  and  Assistants,  of  Newport  and  Portsmouth  ; 
or  to  such  of  the  sayd  Assistants  as  with  the  Governor 
and  deputy  Governor  doe  assemble  at  such  a  meeting, 
when  the  forenamed  Hugh  Williams  is  expected  to  give 
satisfaction,  or  make  at  least  vnto  cartaine  matters  that 
some  months  since  have  ben  or  declared  or  reported  vnto 
the  Governor,  deputy  Governor,  &c,  concearning  some 
words  vsed  or  expresed,  tending  to  the  reproach  or  scan- 
dall  of  this  goverment ;  and  vpon  the  hearing  of  the  sayd 
Mr.  Hugh  Williams,  and  his  giving  or  making  answer  sat- 
isfactory in,  and  concearning  the  premises  vnto  the  Gov- 
ernor, deputy  Governor,  &c,  they  are  rerpiested  to  accept 
and  admitt  him  a  freeman  of  this  sayd  Collony  ;  they  see- 
ing cause  soe  to  doe ;  and  such  as  are  admitted,  ther 
names  are  to  be  returned,  and  in  order  as  admitted. 

Ordered  by  this  Court  and  the  authority  therof,  That 
there  may  be  coppies  of  the  Charter  goe  forth  vnder  the 
Recorders  hand  to  the  Governor,  deputy  Governor  and 
each  Assistant,  and  shall  remayne  in  ther  hands  as  long 
as  they  continue  in  ther  respective  places. 

Order  of  the  King's  Commissioners  about  Narragansett. 

Having  received  from  some  of  the  principal  Sachems  of  the  Narragan- 
sett Indians  a  submission  or  surrender  of  themselves,  their  subjects  and 
their  lands  to  the  protection,  government  and  dispose  of  our  dread  Sove- 
raigne  y°  King  of  Great  Britain,  France  and  Ireland,  as  well  by  their 
personal  acknowledgement  and  laying  downe  their  armes  as  at  his  Majes- 
ties feet,  and  sending  his  Majesty  some  presents,  as  also  by  giving  us  a 
deed,  dated  April  19,  1644,  wherein  they  and  all  y"  other  Sachims  of  that 
country  did  then  submit,  subject  and  give  over  themselves  to  his  late  Maj- 
estie  of  blessed  memory,  and  by  presenting  us  several  petitions  and  de- 
clarations containing  many  injuries  which?  they  say  they  have  received 
from  several  of  his  Majesties  English  subjects,  against  whom  they  desire 
justice  from  us:  Wee,  his  Majesties  Commissioners,  have  received  them. 


60 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G64.  mt"  'ns  Majesties  protection,  and  do  in  liis  Majesties  name  order,  appoint 
_  and  command  Hint  y"  said  Country  bo  henceforward  be  called  y"  Kings 
Province]  and  that  no  person  of  what  colony  soever  presume  to  exercise 
any  jurisdiction  within  this  y"  Kings  Province,  but  such  as  receive  au- 
thority from  us  under  our  hands  nnd  scales,  until  his  Majesties  pleasure 
be  further  knowne  ;  and  we  also  declare  that  y"  Kings  Province  doth  ex- 
tend to  Pawcatuck  River  westward. 

Whereas,  Major  Athcrton  and  others  of  his  Majesties  Colony  of  J* 
Massachusetts  pretend  n  mortgage  of  a  great  part  of  y°  said  country . 
we  order  and  appoint  that  whenever  either  of  y'  Sachims  known  by  the 
name  IVssicus  or  Nenccroft  or  any  authorized  by  them,  do  pay  unto  any 
one  of  the  persons  laying  elaimo  to  y*  same  mortgage  y°  sume  of  seven 
hundred  and  thirty-five  fathoms  of  pcage,  y'  said  mortgage  shall  be  void 
and  whatever  is  thereupon  to  by  them. 

And  whereas,  there  is  also  two  purchases  pretended  to  of  two  great 
tracts  of  land  by  yc  same  Major  Athcrton,  Capt.  Hudson  and  others  of 
his  Majesties  colony  of  yc  -Massachusetts,  bought  of  Cathanaquant,  in  y° 
Narragansett  country  in  yc  yeare  1G59,  in  which  deed  there  is  no  men- 
tion of  any  consideration,  and  that  it  appears  that  y'  said  pretending  pur- 
chasers knew  that  y*  said  country  was  submitted  to  his  Majestic,  as  well 
by  wittnesses,  as  by  y"  said  submission  being  eighteen  years  agoe 
printed. 

Wee,  his  Majesties  Commissioners,  having  heard  ye  whole  business,  do 
declare  y"  said  purchase  to  be  void,  and  order  and  command  that  y°  said 
purchasers  shall  quit  and  goe  of  y:  said  pretended  purchased  lands,  and 
shall  not  keep  any  cattle  of  any  sort  upon  yc  said  land  by  pretence  of  y° 
said  purchase  after  y  feast  of  St.  Michael  next,  if  within  that  time  either 
of  y'  Rachims  above  named  or  any  authorized  by  them  do  pay  unto  any 
one  of  y*  said  purchasers  ye  sum  of  three  hundred  fathoms  of  peag,  which 
is  y°  only  summ  acknowledged  to  bo  received  by  ye  said  Cathanquant. 

Given  under  our  hands  and  seales  at  Pctaquammetuck,  y"  20th  of 
March,  lGG-i. 

(ROBERT  CARR, 
For  the  Purchasers,  <  GEORGE  CART  WRIGHT, 

(20  March,  1604-5.)  ^SAM.  MAVERICK. 


AND  PROVIDENCE  PLANTATIONS. 


1664. 


Acts  and  Orders  of  the  Generall  Assembly  of  the  Collony 
of  Rhode  Island  and  Providence  Plantations,  sitting  at 
Newport,  October,  1664. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  William  Brenton,  deputy  Governor. 


ASSISTANTS. 


Mr.  John  Coggeshall, 
Mr.  James  Barker, 
Mr.  Joseph  Clarke, 
Mr.  William  Feild, 
Mr.  Thomas  Olnye, 


Mr.  Roger  Williams, 
Mr.  William  Baulston, 
Mr.  John  Sanford, 
Mr.  Randall  Howlden3 
Mr.  Walter  Todd. 


DEPUTIES. 


Mr.  John  Clarke, 
Capt.  John  Cranston, 
Mr.  John  Card, 
Mr.  William  Dyre, 
Joseph  Torrey, 
Mr.  William  Jeffery, 
Mr.  Gregory  Dexter, 
Mr.  John  Throgmorton, 
Mr.  William  Carpenter, 


Mr.  Zachary  Rhoads, 
Mr.  William  Woodall, 
Mr.  Thomas  Cornell, 
Mr.  Samuell  Wilbore, 
Mr.  Josua  Coggeshall, 
Mr.  John  Weekes, 
Capt.  John  Greene, 
Mr.  James  Greene, 
Mr.  Edmund  Calverly. 


The  Governor  chosen  Moderator. 
Joseph  Torrey,  Recorder,  chosen  Clarke  of  the  As- 
sembly. 

Ordered,  That  the  letter  that  the  Moderator  hath 
drawne  vp  is  approved  of,  and  ordered  to  be  sent  to  Mr. 
John  Clarke. 

Ordered  by  this  Assembly,  That  vpon  all  occasiones 


02 


RECORDS  OF  THE  COLONY  OF  RHODE  [SLAM I/, 


1GG4.  that  the  Gcnorall  Assembly  have  to  meet,  either  vpon  ad- 
journments  or  sett  times  appoynted  in  the  first  place,  it  is 

The  CWutj  .  \ 

toben-i.,1.  thought  good  that  the  pattent  be  read. 

Vpon  the  consideration  that  hath  ben  in  Court  about  the 
peoples  rotting  by  proxces,  ther  is  a  Committee  chosen  to 
ripen  the  matter,  which  is  Mr.  Roger  Williams,  Captaine 
John  Sanford,  Captaine  John  Greene,  and  Mr.  William 
Dyre. 

The  rcturne  of  the  Committee. 

Whereas,  it  apcarcs  vpon  record,  that  it  was  refered  by 
pro'xces1'7  the  last  Generall  Assembly,  at  Newport,  to  the  further 
ordered,  consideration  and  care  of  this  presant  Assembly,  to  make 
provision  as  to  the  poynt  of  election  :  and  this  presant 
Assembly  (now  by  Gods  gracious  providence  enjoying  the 
helpfull  presance  of  our  much  honoured  and  beloved  Mr. 
John  Clarke),  doth  declare  and  ordayne  (untill  farther  or- 
der be  taken),  That  the  liberty  and  priviledge  of  electing 
and  being  elected  vnto  all  publicke  offices  in  this  Collony, 
shall  continue  in  the  whole  body  or  company  of  the  free- 
men by  ther  parsonall  and  individuall  votting  :  and 
whereas,  it  hath  ben  often  vrged  the  difficulty  of  the  there 
parsonall  voting  at  Newport,  this  presant  Assembly  or- 
daynes,  that  voting  by  proxces  be  enjoyed  by  all  the  free- 
men of  this  Collony,  and  that  each  freeman  desiering  to 
vote  by  proxces  shall  subscribe  ther  names  on  the  outside, 
and  deliver  his  votes  sealed  vp  into  the  hauds  of  a  magis- 
trate, in  the  face  of  a  town  meeting  lawfully  called  and 
notice  given  for  that  purpose  :  and  in  case  of  sicknes  and 
nescecary  absence  from  the  sayd  towne  meetinge,  vnto  a 
magistrate,  who  shall  deliver  the  sayd  votes  or  cause  them 
to  be  delivered  into  the  hands  of  the  Governor,  or  in  his 
absence,  of  the  deputy  Governor,  in  the  face  of  the  Court 
of  Election  ;  which  sayd  votes  shall  be  by  such  whom  the 
Generall  Assembly  shall  appoynt,  opened  and  delivered 
forth  as  the  respective  choyce  of  the  severall  officers  shall 
require:  provided,  that  this  order  shall  noe  way  prejudice 
or  discorradge  any  who  desier  to  be  parsonally  presant  ; 


AND  PROVIDENCE  PLANTATIONS. 


63 


and  this  order  to  stand,  and  be  in  full  foree,  any  former  1664. 
order  in  this  Collony  provided  to  the  contrary  notwith-  v-^-v**-' 
standing. 

Ther  having  been  a  lon2:  agetation  about  the  motion  Magistrates 

o  o      O  and  Depu- 

whether  the  magistrates  shall  sitt  by  themselves  and  the  apa-ueft^o 
deputves  bv  themselves :  it  is  resoulved  to  remitt  the  far-  GeDerall 

.  „  Assembly. 

ther  agetation  of  it  to  the  next  Generall  Assembly. 

Forasmuch,  as  in  this  presant  Court,  Mr.  Edmund  Cal-Edmond 

1  Calveriy  to 

verly  hath  in  this  Court  severall  times  charged  our  hon-  c™^"8 
cured  Governor  with  many  charges  tending  to  his  great  asa?n'tnthe 
disparadgment  in  respect  of  his  office  :  and  having  spent 
fche  Court  much  time  in  the  debate  therof,  forasmuch  as 
the  sayd  charge  hath  not  legally  in  writting  ben  present- 
ed, therefore  the  Court  doe  order  that  the  sayd  Mr.  Ed- 
mund Calverlye  shall  at  the  first  sitting  of  this  Court  to 
morrow  morn,  either  bring  in  his  charge  in  writting  vnder 
his  hand  aganst  the  Governor,  and  soe  thereon  procicute 
his  charge,  or  else  shall  be  delte  withall  as  this  Assembly 
shall  see  cause. 

Vpon  the  pervsall  of  a  bill  or  petition  presented  by  Mr.  J;^0^',^0 
Edmund  Calveriy,  in  order  to  an  acte  of  this  Assembly  *Hh°tand-~ 
(as  hee  says),  whearin  hee  the  sayd  Calveriy  was  ordered,  Ca  ver  y's 

charge. 

according  to  what  hee  had  verbally  spoken  by  way  of 
charge  aganst  the  Governor,  vpon  the  consideration  of 
which  it  is  votted,  that  notwithstanding  the  presant  bill 
presented  aganst  the  Governor,  it  doth  not  disable  the 
Governor  from  being  Moderator  of  this  Assembly. 

The  Court  having  been  long  in  the  agetation  about  the 
great  and  grivioues  charge  layd  by  Edmund  Calveriy  vpon 
the  Governor,  as  touching  the  exicution  of  his  office,  pre- 
sented verbally  in  open  Court ;  and  the  Court  having  ben 
in  the  exercise  of  much  patience  to  see  whether  the  sayd 
Calveriy  would  legally  draw  them  vp  in  writting  for  the  Court 
to  take  grounded  footing  to  insist  on,  to  proceed  legally  in 
the  premises,  as  touching  the  determination*  of  the  matter 
against  our  sayd  Governor,  and  nothing  appearing  in  Court 
to  satisfie  the  Court  in  the  premises,  therefore  the  Court 


G4 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G4.  sees  cause  to  suspend  the  sayd  Edmund  Calverly  from  vot- 
ing in  this  Court  vntill  the  sayd  Calverly  shall  give  the 
Court  satisfaction  for  his  sayd  offence. 

Vpon  the  consideration  of  the  motion  that  hath  bene  in 
this  Court  about  the  reviewing  the  lawes  of  this  Collony, 
and  to  put  them  in  a  better  forme  for  finding  of  them 
when  thcr  is  occasion  to  looke  for  any  law,  &c,  it  is  or- 
dored,  that  a  Committee  be  chosen  to  take  a  view  of  our 
lawes,  to  see  whether  ther  be  any  lawes  that  are  inconsist- 
ant  to  the  presant  government  vnrepealed,  that  it  may  be 
taken  into  consideration  and  repealed,  and  to  draw  a  table 
to  them  that  it  may  be  more  easie  to  find  them. 

The  parsones  that  are  appoynted  for  the  Committee  is 
Mr.  John  Clarke,  Mr.  Roger  Williams,  Capt.  John  San- 
ford,  Capt.  John  Greene,  and  Joseph  Torrey,  who  are  au- 
thorized, or  any  fower  or  three  of  them  to  take  the  care 
and  trust  vpon  them  to  look  over  the  lawes  as  aforesayd, 
and  put  them  in  a  better  forme  if  they  find  them  not 
agreeable  to  the  Charter,  and  to  performe  the  same  be- 
twene  this  and  the  next  Generall  Assembly  that  is  to  sitt 
in  May  next  ;  and  for  ther  paynes  shall  have  good  satis- 
faction from  the  severall  respective  townes  to  whome  they 
belong. 

bS*ofZTl  Wheras  our  Charter  enjoynes  that  the  Generall  Assem- 
'suunCcourt.  bly  of  this  Collony  and  the  Generall  Court  of  Trialls  can- 
not be  accounted  full  Courts  vnlesse  the  Governor  or 
deputye  Governor  and  sixe  Assistants  at  least,  be  therein 
presant,  therfore  and  to  prevent  the  intollerable  detrement 
that  may  befall  the  Collony  in  case  of  defect  in  that  mat- 
ter :  it  is  enacted  and  declared  by  this  Assembly  and  the 
authority  therof,  that  if  at  any  time  those  Courts  or  either 
of  them,  being  called,  and  ther  appeare  not  to  sitt  and 
continue  in  Court  vpon  the  transacting  the  afaires  of  the 
Collony,  &c  ,  the  number  of  sixe  Assistants  at  least,  as 
alsoe  the  Governor  and  deputy,  or  one  of  them  two,  that 
then  all  the  magistrates  who  shall  be  found  absent  from 
the  day  of  the  date  hearof,  in  such  case  shall  be*  liable 


AND  providence  plantations. 


65 


each  of  them,  to  pay,  and  shall  pay  a  fine  of  five  pound  16G4. 
starlinge  to  the  Generall  Treasury,  to  be  sued  for  by  thev--^^-> 
Generall  Atornye  in  case  of  neglect  of  payment,  and  taken 
by  due  process  of  law  and  returned  into  the  treasury 
aforesayd. 

Ordered,  That  the  returne  that  hath  ben  made  to  the  The  returae 
Governor  by  Capt.  John  Greene  and  Joseph  Torrey  throne™ 
respect  to  the  treatye  with  the  Commissioners  of  the  Mas-  s|;\vat,~ 
satusitts  Collony,  shall  be  read  and  heard  in  Court. 

Ordered,  That  the  papers  that  concearne  the  treatye 
aforesayd,  be  delivered  into  the  custody  of  the  Re- 
corder. 

Ordered,  That  the  severall  letters  that  have  ben  sent  to  be  read, 
from  the  Massatusitts,  Plymouth,  Connecticut^  and  from 
the  Commissioners  of  the  United  Collonyes,  shall  be  read 
in  this  Court. 


Letter  from  the  Governor,  $-c,  of  Rhode  Island  to  the 
Governor  of  Connecticut  * 

Newport,  Rhode  Island,  July  Sth,  166-4. 
Much  Honoured  Gentlemen : 

After  our  due  respects,  &c.  These  are  to  signify,  that 
wee  are  confident  you  have  fresh  in  your  memories  our 
late  proposalls  unto  yourselues  and  Court  under  the  hands 
of  the  Governor  and  Deputy  Governor  (of  this  Collony), 
in  behalfe  of  the  rest :  unto  which  sayd  letter  and  propos- 
alls therein  contayned,  wee  earnistly  expected  and  desired 
your  answer  :  and  indeed  had  the  more  earnist  hope  and 
expectation  of  the  same  from  the  intimation  we  received 
from  the  Honoured  John  Winthrop,  Esq.,  Governour  of 
your  Collony,  that  a  Generall  Assembly  was  neere  at 
hand,  where  those  considerations  would  be  seasonably 
consulted  upon,  &c.    But  how  it  comes  to  pass,  whithei 


*  Rhode  Inland  Historical  Society's  Manuscript?,  p.  36 

vol.  a.  9 


06 


RECORDS  OF  THE  COLONY  OF  RTIODfi  ISLAND, 


16G4.  the  Court  did  write,  or  whither  it  be  miscarried,  we  know 
v-*~v-w  not.    But  soe  it  is  ;  we  have  not  heard  from  you.  Now 
in  the  hearty  desire  that  we  have  of  a  right  vnderstand- 
ing,  and  friendly  neighbourhood  betweene  your  Collony 
and  this,  wee  have  imployed  this  bearer,  Capt.  Richard 
Morris,  to  bringe  this  to  your  hands  ;  desiring  (if  you 
please)  your  pcrtickular  answer  to  our  abovesayd  former 
lynes.    And  further,  to  signify  that  upon  complaynts 
now  come  (from  a  Constable  of  this  Collony  at  Narragan- 
sett)  of  mr.  Richard  Smith,  Sen'r,  and  mr.  William  Hud- 
son of  Boston,  that  they  presume  to  exercize  authority  at 
Narrangansett,  pretending  countainance  from  your  gov- 
erment,  which  we  cannot  as  yett  see  ground  to  creditt 
(that  they  are  soe  countainanced  by  you).  However, 
leaveing  that  to  further  time  of  exsperience,  wee  have 
sent  for  the  warrant  to  fetch  them  before  authority,  and  to 
proceed  against  them  for  their  presumption  herein ;  and  for 
their  contempt  of  the  gouourment  here  established  by  his 
Majestic    And  withall,  hopeing  and  desireing  you  will 
please  to  countermaund  that  countanance  you  [possibly 
formerly]  have  given  them  :  wee  findinge  upon  perusall 
of  both  your  and  our  pattents,  there  is  not  any  the  least 
ground  for  your  Collony  or  jurisdiction  to  putt  forth  any 
authority  on  this-  side  Pawcatuck,  alies  Narragansett  river  ; 
wherefore,  our  desires  are  in  all  love  and  meekness  to  pray 
your  wisdoms  to  putt  a  stop  unto  any  further  proceeds  of 
that  nature  (in  your  name),  in  case  it  hath  beine  soe  be- 
fore ;  and  also  to  pray  you  to  understand,  that  which  you 
cannot  butt  know,  that  wee  dare  not  declyne  the  exercize 
of  jurisdiction  in  all  parts  of  the  Narragansett  and  Nahan- 
tick  cuntries  and  partes  adjacent ;  according  to  our  char- 
ter and  the  express  letter  thereof ;  thus  praying  you  to 
a  give  creditt  to  the  ffurther  relations  of  the  bearer,  con- 

cerning the  proceeds  in  the  matter  of  cpiestioning  the  two 
parties  above  mentioned  ;  and  also  praying  your  present 
and  loveing  returne  to  our  fformer  and  these  presents  ; 


AND  PROVIDENCE  PLANTATIONS. 


67 


that  soe  all  occassions  of  discontent  may  be  prevented  or  1664. 
removed.  Wee  take  leave,  and  remaine  your  friends  and^-^-*6 
servants. 

By  order,  and  in  the  name  of  the  Governor  and  Depu- 
ty Governor  and  Counsell  of  Rhode  Island  and  Provi- 
dence Plantations. 

JOHN  SANFORD, 

Secretary. 
•Superscribed.  m 
These  to  our  Honoured  ffriends,  John  "Winthrop, 
Esq.,  Governour,  and  the  rest  of  the  Honoured 
Counsell  of  Conecticott  Collony  at  Hartford. 

Coppy  of  Letter  from  Connecticut  to  Rhode  Island* 

Hartford,  July  20,  1664. 

Much  Honoured  Gentlemen : 

The  occasion  of  these  lines  is  with  the  presentation  of  our  respects,  to 
informe  you  that  we  have  received  one  letter,  dated  March  10th,  1663-4, 
signed  by  the  worshipfull  nir.  Arnold  aud  mr.  Brenton.  as  allso  another 
letter  dated  July  8th,  1664,  signed  by  the  Secretary,  in  the  name  of  the 
Governor,  Deputy  Governor  and  councell  of  Road  Island  and  providence 
plantations  :  in  answer,  we  thought  good  to  returne  that  our  Governour, 
upon  the  request  of  severall  members  of  the  Councill  did  signify  to  your 
Governour,  &c,  that  we  thought  it  might  be  a  suitable  way  that  your 
selues  would  constitute  and  impower  some  suitable  men  as  plenipoten- 
tiaries, to  joyne  with  some  of  ours  to  consider  and  issue  matters  between 
your  selues  and  us,  as  we  expected  your  selues  would  haue  seen  cause 
to  haue  signified  your  acceptation  of  that  proposall,  which  was  the  reason 
the  Generall  Court  did  not  make  any  further  returne  unto  yours  ;  and  we 
do  conceive  it  very  requisite  that  we  should  haue  a  meeting  before  we 
goe  about  laying  out  of  the  line  betwixt  you  and  us,  that  soe  we  might 
come  to  a  right  understanding  of  the  business,  that  we  might  not  lay  out 
our  line  once.  To  lay  it  out  againe,  we  hope  we  shall  be  ready  to  com- 
ply with  your  selues  in  the  promoting  the  wayes  of  peace  betwixt  us. 
But  we  must  informe  you,  that  we  cannot  well  resent  your  proceeds 
against  mr.  Richard  Smith  and  mr.  Hudson,  who  (as  you  say)  presume 
to  exercise  authority  at  Narrogancett :  we  must  tell  you  that  it  is  no  pre- 
sumption in  them  to  exercise  authority  there,  they  being  impowered  by 
this  Councill  of  this  Collony,  and  that  before  your  Charter  came  to  New 
England ;  we  conceive  it  would  haue  been  more  for  the  promoteing  of 


*  Rhode  Island  Historical  Society's  Manuscripts,  p.  42. 

m 


C8 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.  Pe*06|  continuance  of  neighbourly  correspondence  betwixt  your  seines 
. and  us,  that  you  had  made  some  application  to  this  Colony  before  you 
had  proceeded  to  molest  mr.  Smith  and  mr.  Hudson,  &c;  but  what  it  is 
our  desire  and  expectation  that  your  seines  would  be  pleased  to  forbear 
excrciseing  any  authority,  ouer  those  places,  and  not  interrupt  any  in 
the  quiat  possession  of  their  just  rights,  which  is  but  what  your  agent,  in 
England  hath  vndcrhand  soberly  requested ;  and  we  shall  be  ready  (if 
your  selues  see  cause  to  concurr  with  us)  to  mako  choyse  of  some  friends 
as  plenipotentiaries,  to  consider  and  settle  matters  so  betwixt  us  as  may 
be  for  our  mutual]  comfort.  Gentlemen,  wc  shall  lcaue  this  proposall  to 
your  consideration,  and  desire  you  would  be  pleased  to  appoynt  the 
time  and  place  of  meeting.  Wo  conceiue  it  will  not  be  so  suitable,  this 
hott  season  for  some  of  our  friends  to  travell,  who  wee  could  desire  and 
judge  as  meet  persons  to  attend  the  forementioned  service  ;  and  we  pro- 
pound Norwich  or  New  London  to  be  a  suitable  place  for  meeting,  and 
for  the  time  about  the  25th  of  October.  Wo  hope  you  will  rest  sattisfyed 
in  our  proposalls,  and  timely  signify  to  us  your  acceptation  thereof.  In 
the  meane  while  we  shall  take  leaue,  and  commend  you  and  your  waighty 
concerns  to  the  blessing  of  the  Almighty,  and  subscribe  ourselues  your 
louing  neighbours  and  friends.  Signed  by  order  of  the  Gouernor  and 
Councill  of  the  Colony  of  Conecticutt,  per  me, 

JOHN  ALLYN, 

Secretary.  • 

Superscribed. 

These  for  our  honoured  friends,  Benedict  Arnold,  Esq.,  and  the  rest 
of  the  Honoured  Councill  of  the  Colony  of  Road  Island  and  Provi- 
dence Plantations. 


Letter  from  Rhode  Island  to  Connecticut* 

Newport,  September  the  20th,  1664. 
Much  Honoured  Gentlemen : 

Yours,  signed  John  Allyn,  Secretary,  bearing  date 
July  20th,  per  Captaine  Morris,  came  to  our  honoured 
Govcrnour's  hands,  and  by  him  was  communicated  to  us, 
which  we  have  perused,  and  doe  now  signify  vnto  your 
selves  that  the  Generall  Assembly  of  this  Collony  is  to 
sit  the  last  Wednesday  in  this  next  month,  October,  at 
Newport :  to  whome  we  shall  present  yours  and  are  con- 
fydent  from  them  yow  may  receive  a  full  and  neighbourly 
returne  in  way  of  answer.    Thus,  not  further  to  troble 


*  Rhode  Island  Historical  Society's  Manuscripts,  p  44. 


4 


AND  PROVIDENCE  PLANTATIONS. 


69 


yow,  save  our  respects.  We  rest  your  neighbours  and  1664. 
servants.  ^*^v-*_ 

JOHN  SANFORD, 

Secretary. 

In  behalfe  and  by  order  of  the  Governour  and  Counccll 
of  Rhoad  Island,  &c. 

Superscribed. 

These,  ffor  the  Honoured  John  Winthrop,  Esq., 
Governour,  and  the  rest  of  the  Counsell  of  the 
Collony  of  Coneticott,  present.  Per  an  Indian, 
Quinomp. 


Letter  from  the  Commissioners  of  the  United  Collonies  to 
Rhode  Island* 

Hartford,  Sept.  9, 1GG4. 

Gentlemen  : 

Notwithstanding  wee  haue  formerly,  and  indeed  to  often  bine  inforced 
by  the  complaints  of  our  frinds  interested  in  those  lands  of  the  Narra- 
gansetts,  to  write  to  you  and  aduise  that  youer  people  might  bo  ordered 
to  deport  thcmselues  more  civilly  and  peacably  vntill  a  full  desition  of 
the  matter  in  controuersy  might  be  attained ;  yett  wee  are  now  againe 
informed,  that  instead  of  such  a  naighbourly  and  frindly  eomplyance  with 
our  peacable  desire,  as  wee  might  haue  expected  to  haue  found  from  you 
some  of  you  doe  still  persist  on  in  theire  wounted  course;  not  onely  of  uu- 
naighbourly  but  vnchristian  injuriousnes  towards  them  and  others  therea- 
boutes,  which  is  uery  dishonourable  to  God,  and  may  giue  advantage  to  the 
heathen,  and  prouedangerouse  to  the  peace  of  the  Kinges  subjects  heer,  of 
all  which  his  Majestie  seemes  to  be  well  informed,  and  deeply  to  resent  the 
matter  ;  and  hath  fully  manifested  his  graciouse  and  fatherly  caro  of 
those  his  oppressed  and  injured  subjects  in  recommending  them  to  the 
protection  of  the  United  Collonies  ;  and  comaunding  them  on  all  occa- 
sions to  be  assistant  to  them  against  such  vnjust  oppressions  and  molesta- 
tions. Wee  doe  therefore  once  more  desire  you,  and  in  obedience  unto 
the  pursuance  of  his  Majesties  order,  shall  expect  that  some  effectuall 
course  be  by  you  attened  that  may  for  the  future  reclaime  youer  people 
from  such  injuviouse  and  disturbing  carriages  as  they  have  formerly  to 
frequently  vsed  towards  them,  that  soe  the  peace  of  his  Majesties  sub- 
jects may  be  preserued,  and  the  indubitable  incQnueniencyes  that  will 
otherwise  ensue  may  be  preuented,  vntill  such  time  as  either  by  an 
agreement  the  Collonie  of  Conecticott  and  yourselues,  or  in  some  other 


*  Hazard's  State  Papers,  vol.  2,  p.  499. 


70 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.   ,v:,v  the  matter  in  eontrouersy  be  determined  ;  thuse  liopeing  you  will 
t  att  last  more  carefully  attend  our  soe  fnire  motion,  now  further  backed 
by  his  Majesties  speciall  authentic,  a  coppy  of  which  wee  haue  beer  with 
sent  you  ;  woe  giue  you  noo  farther  trouble  att  present,  but  rest  youer 
lousing  frinds  and  naighbours. 

The  Commissioners  of  the  vnited  Collonies, 

SAMUEL  WILLIS,  SIMON  BRADSTREET,  Presedent, 

MATHEW  ALLEN,  THOMAS  DANFORTII, 

WILLIAM  LEETE,  JOSIAS  WINSLOVV, 

WILLIAM  JONES,  THOMAS  SOUTHWORTH. 


tee  to  con- 
sider of  run' 
ning  the 
line. 


A  Commit 
tee  to  audit 


Thcr  being  a  motion  proposed  conccarning  the  riming 
a  commit  the  lines  of  the  bounds  of  our  Collony,  both  on  the  west  and 
east,  whicli  is  alsoe  farther  provoked  to  be  considered  by 
a  letter  from  Conecticutt.  The  Court  doe  order,  that  for 
the  farther  ripening  the  matter  and  preparing  the  way,  it 
is  thought  fitt  to  committ  the  matter  to  a  Committee  to 
draw  vp  their  thoughts  for  the  time  and  manner,  and  to 
present  it  to  morrow  after  dinner.  The  Committee  is  Mr. 
Roger  Williams,  Capt.  John  Sanford,  Capt.  John  Greene 
and  Joseph  Torrey. 

There  being  a  motion  proposed  to  audit  the  accounts  of 
Mr.  John  Clarke,  it  is  thought  good  to  choose  a  Commit- 
accounts.  3  tee  for  to  see  what  the  Collony  is  indebted  to  him  there- 
vpon.  The  Committee  is  Mr.  Randall  Howlden,  Mr. 
Thomas  Olnye,  Mr.  William  Dyre  and  Mr.  William 
Woodall,  who  are  to  draw  up  their  thoughts,  and  to 
returne  it  to  the  Court  to  morrow  after  dinner. 

Ordered,  That  the  care  of  taking  course  about  warning 
jury  men  and  deputyes,  be  committed  to  the  foresayd 
Committee  that  are  to  audit  Mr.  Clark's  accounts. 

Vpon  the  consideration  of  the  abuse  that  the  Collony 
About      hath  sustayned  by  the  intrusions  that  are  made  into  the 

intruders.  ■  '     ,  . 

Collony,  and  the  hbertyes  thereof,  it  is  thought  good  to 
committ  the  matter  to  a  Committee  to  take  care  in  that 
business,  to  prevent  future  inconveniancyes  in  perticke- 
lar,  at  Narragansitt,  as  touching  the  exercise  of  gover- 


AND  PROVIDENCE  PLANTATIONS. 


71 


ment  there  by  them  soe  intruded.    The  Committee  chosen  1664. 
is  Mr.  John  Card,  Mr.  Thomas  Cornell,  Mr.  Zachariah 
Rhodes,  and  Mr.  Walter  Todd. 

Ordered,  That  the  matters  that  the  last  night  wearo 
committed  to  the  committees,  are  still  left  with  them  till 
to  morrow  morning,  eight  o'clock. 

The  Assembly  being  mett,  and  haveing  many  matters  ™*e"Xlly 
of  great  concearnmente  lying  vpon  them,  and  haveing aFe^era- 
once  in  the  time  of  their  sitting  chose  their  Speaker  (to or 8 absence 
witt),  the  Grovernor,  who  in  the  time  of  the  Assembly es 
sitting  is  by  God's  providence  detayncd  from  performing 
his  place,  being  visitted  with  sicknes,  &c.  :  the  Court  doe 
therefore  order  that  for  the  present,  and  vntill  his  i-eturne 
againe  to  the  Court,  that  the  deputye  Governor  doe  suply 
his  place  as  Moderator  of  the  Assembly. 

Vpon  the  consideration  of  the  differance  betweene  this  Me°  ch>os?'i 

r  to  treat  with 

Collony  and  Conecticutt,  it  is  thought  good  to  choose Counecliout 
three  men  to  treate  with  Conecticutt  agents.    The  first 
chosen,  is  Mr.  John  Clarke  ;  the  second  chosen,  is  Capt. 
John  Greene  ;  the  third,  is  Joseph  Torrey. 

Ordered,  That  the  aforesayd  three  men,  or  if  any  one 
of  them  fall  sicke,  the  other  two  are  authorized  fully  to 
treat  with  those  that  shall  be  impowered  by  the  Collony  of 
Conecticutt  to  treat  with  them,  and  to  agree  as  also  to  run 
the  line  that  is  the  bounds  of  the  pattent,  on  the  western 
line  thereof. 

Ordered,  That  the  aforesayd  three  men  have  full  power 
if  they  see  fitt,  to  procure  one  or  more  to  atend  on  them, 
to  help  run  the  line,  &c. 

The  Commission  from  the  Court  to  Mr.  John  Clarke, 
Capt.  John  Greene,  and  Leftenant  Joseph  Torrey. 

To  Mr.  John  Clarke,  Capt.  John  Greene,  and  Leften- 
ant Joseph  Torrey,  Commissioners  chosen  and  appoynted 
to  meet  with  the  honoured  our  neighbovrs  the  gentlemen 
of  the  Collony  of  Conecticutt  for  an  amicable  and  loveing 
compliance  in  the  laying  out  our  western  line  between  vs. 


72 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 


1GG4.  This  Gcnerall  Assembly  of  Rhode  Island  and  Providence 
Plantationes,  in  confidence  of  your  fidcllityes  and  wis- 
domes,  doe  by  these  presents  fully  impower  and  authorize 
you  to  treat  with,  conclude  and  determine  with  the  gen- 
tleman aforesayd,  the  laying  out  and  fixing  the  sayd  line  ; 
as  alsoe  an  amicable  composure  of  all  other  differences 
betweene  us,  and  in  case  (contrary  to  oar  desire  and 
hopes)  you  shall  not  agree  :  then  you  are  hearby  author- 
ized and  required  to  sett  and  lay  out  the  sayd  line  soe  as 
in  your  judgdments  and  wisdomes  comes  nearest  to  the 
bounds  limitted  and  expressed  in  his  Majesty es  Royall 
grant  vnto  a*s  :  and  whatever  you  or  any  two  of  you  shall 
agree  in  the  premises,  this  Gcnerall  Assembly,  by  these 
presents  doth  fully  acquiesce  in,  and  approve  the  same. 
Given  vnder  our  Seale  this  26  of  October,  1064. 

The  Commission  for  them  that  are  to  runn  the  Eastern 

Line. 

To  Mr.  William  Brenton,  deputyc  Governor,  Mr.  Roger 
The  com-  Williams,  Assistant,  Mr.  William  Baulston,  Assistant, 

mission.  '  '  '  * 

Capt.  Randall  Ho  widen,  Assistant,  or  if  hee  faile,  Mr. 
Zachary  Roades,  Commissioners,  chosen  and  appointed  to 
meet  with  the  honoured  the  gentlemen  of  the  Collony  of 
New  Plymouth,  for  an  amicable  and  loving  compliance  in 
the  laying  out  our  eastern  line  betweene  vs  ;  this  Generall 
Assembly  of  Rhode  Island  and  Providence  Plantations,  in 
confidence  of  your  fidelityes  and  wisdomes  doe  by  these 
presents  fully  impower  and  authorize  you  to  treat  with, 
conclude  and  determine  with  the  gentlemen  aforesaid,  the 
laying  out  and  fixing  the  sayd  line,  as  also  an  amicable 
composure  of  all  other  differences  betweene  vs,  you  are  to 
indeavor  with  them  to  view  and  compare  their  Charter  or 
Charters  with  our  owne,  and  according  to  the  best  of  your 
vnderstanding  soe  to  fix  the  line  and  bounds  as  you  can 
judge  best  to  agree  with  his  Majestyes  Royall  pleasuer 


AND  PROVIDENCE  PLANTATIONS. 


73 


and  the  mutuall  peace  and  welfare  of  this  his  Majestyes  1664. 
Collonye  :  and  whatever  you  or  any  three  of  you  shall' 
agree  in  the  premises,  this  Generall  Assembly  by  these 
presents  doth  fully  acquiesce  in  and  approve  the  same. 
Given  vnder  oar  Seale  this  26  day  of  October,  1G64. 

'  Heare  follows  the  letters  to  Connecticutt, 


Much  honoured  Gentlemen  : 

Vrtnr     l*}ff*-iY»     /Inf^rl  TnlTr 

Connecticut 


Loving  respects  presented.    Your  letter,  dated  July, Let 


1664,  by  Captaine  Morris,  has  been  presented  to  vs  by 
the  hands  of  our  honoured  Governor.  Wee  thankfully 
acknowledge  your  prudent  care  and  love  in  your  cheer- 
full  [readiness]  to  propagate  the  wayes  of  peace  and 
love,  by.  offering  to  send  your  plenipotentiaries  to  meet 
with  ours  for  the  determining  of  the  differences  be- 
tweene  vs,  wee  are  sorrie  [that]  the  time  of  meeting  de- 
sired by  yourselves  (viz.),*  the  25  of  October,  is  now 
[elapsed]  by  reason  of  our  late  Assembly,  which  we  could 
not  alter ;  yett  we  are  now  resolved,  [if  God]  please,  to 
send  three  gentlemen  from  ourselves  fully  impowered  to 
atend  the  like  [number]  fully  impowered  by  yourselves,  at 
or  vpon  the  29th  of  this  instant  month,  November,  at  the 
towne  of  Souther  to  wne,  alias  Pawcatuck.  The  name  of 
our  plenipotentiaryes  are  Mr.  John  Clarke,  Capt.  John 
Greene  and  Leftenant  Joseph  Torrey.  Wee  shall  give 
you  no  farther  trouble,  but  wishing  you  all  peace  and 


*  At  a  Generall  Assembly  held  at  Hartford,  October  13th,  1G04. 
Tins  Court  doth  nominate  and  appoynt  Major  Mason,  Mr.  Math.  Allyn, 
Mr.  Willys,  Capt.  Talksott,  Capt.  Newbeiy,  or  an}'  tbree  of  them,  to  be 
a  committee  in  the  behalfe  of  this  Collony  to  use  their  endeauours  to  is- 
sue and  settle. the  bownds  of  the  Colony  between  the  Bay  and  vs,  and 
Road  Island  and  vs,  and  our  south  bownds;  and  this  Court  doth  order 
and  determine  that  the  sayd  Committee  shall  not  giue  away  any  parte  of 
the  bownds  of  our  charter.  And  what  our  Committee  shall  doe  in  the  prem- 
ises, according  to  this  order, is  hereby  ratifyed  and  confirmed.  Mr.  John 
Allyn  is  to  attend  this  'seruice,  in  the  absenco  of  the  Major  or  his 
father.—/?.  I.  Hist.  Mss.,p.  45, 

VOL.  II.  10 


74  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GG4.  prosperity,  wee  remayne  your  very  [affectionate]  frcnds 
jmd  neighbours. 

JOSEPH  TORREY, 

Gencrall  Recorder. 
By  order  of  the  Gencrall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  in  New 
England,  the  2G  of  October,  1G64.  These  for  the 
Right  Worshippfull  John  Winthrop,  Esquire,  Gov- 
ernor of  Connetticott  and  the  rest  of  the  CounciU 
there. 

Here  followes  the  letter  to  New  Plymouth. 

Honoured  Gentlemen : 

Yours  of  the  8  of  June,  16G4,  wee  have  read  and  con- 
pfymouth  sidercd  :  [and  we]  remember  with  all  thankfullnes  your 
courtesies  and  civilityes,  and  wee  desire  [not]  to  remem- 
ber any  discourtesies  or  injuryes,  &c:  but  seeing  it  hath 
pleased  God  to  adjoyne  vs  in  soe  neare  a  neighbourhood 
and  to  incline  the  heart  of  our  Royall  [Soveraigne]  to 
vouchsafe  vs  soe  gratious  a  grant  and  Charter  vnder'the 
broad  Seale,  &c.  ;  and  since  you  complaine  of  some  in- 
trusiones  or  injuryes  of  ours,  of  which  wee  are  ignorant, 
wee  have  thought  meet  to  signifie  vnto  you  that  wee  have 
chosen  and  impowered  fower  of  ourselves  (viz.) :  Mr. 
William  Brenton,  deputye  Governor,  Mr.  Roger  Williams, 
Mr.  William  Baulston,  Mr.  Randall  Howlden,  Assistants, 
to  meet  with  any  gentlemen  impowered  by  yourselves,  to 
debate  and  determine  the  [bounds  and]  lines  betweene  vs. 
Wee  are  willing  (if  God  soe  please)  that  this  meeting  be 
[att]  Rehoboth  or  Newport,  on  Rhode  Island,  at  or  upon 
the  fifteenth  of  the  next  December  next  ensueing,  or  at  or 
vpon  the  fifteenth  of  March,  next  ensueing.  Either  of 
which  places  and  time  (as  you  please),  and  signifie  vnto 
vs,  wee  hope  [to  give]  yourselves  such  satisfaction  as  may 
evince  vs  to  be  studious  and  lovers  [of  peace]  and  right- 


AND  PROVIDENCE  PLANTATIONS. 


75 


eousness  ;  and,  sirs,  your  very  respective  and  affectionate  1664. 
loving  neighbours. 

JOSEPH  TORREY, 

Generall  Recorder. 
In  the  name  and  by  the  order  of  this  Generall  Assem- 
bly of  the  Collony  of  Rhode  Island  and  Providence 
Plantations,  mett  the  26  of  October,  1664.  These 
for  the  Right  Worshipfull  Thomas  Prince,  Esquire, 
Governor  of  the  Collony  of  New  Plymouth,  jn  New 
England,  with  care. 

Ordered,  That  the  expences  that  those  men  that  are  charge  of 

■L  the  Commis- 

commissionated  to  treat  with  the  Connetticott  Commis- ^°r°^elhe 
sioners,  the  whole  charges  shall  be  borne  by  the  Generall Collony- 
Assembly. 

Ordered,  that  the  Governor,  Mr.  Card  and  Mr.  Zacha- 
riah  Rhodes  be  appointed  to  view  and  audit  Mr.  John 
Clarke's  accounts. 

The  returne  of  the  Committee  that  weare  to  take  care 
about  the  intruders  into  the  Collony. 

Forasmuch  as  it  is  well  knowne  vnto  vs  by  credible  wit-  ^»pt.  Hud- 

son  and 

nesses  that  Captaine  William  Hudson  and  Richard  Smith, 
Sen'r,  the  one  an  inhabitant  in  the  Narragansett  [coun-  arrrested.b€ 
try],  the  other  of  the  towne  of  Boston,  in  the  Massatusitts 
Collony,  have  both  of  them  [taken  upon]  them  the  office 
of  magistrates,  and  have  acted  and  officiated  therein  with- 
in the  bounds  of  the  Collony,  as  in  marrying  people,  &c, 
and  making  vse  of  the  sayd  offices  without  any  lawfull  call 
therevnto,  contrary  to  the  intent  and  purport  of  his  [Maj- 
esty es]  noble  Charter  granted  to  this  Collony  of  Rhode  Is- 
land and  Providence  Plantations,  within  the  Narragansett 
country,  is  in  exprese  words  included  and  comprized,  &c.: 
soe  not  to  acte  any  thinge  in  matter  of  judicature  without 
order  or  power  from  this  sayd  Collony.  It  is  therefore  or- 
dered by  this  Assembly,  that  the  Generall  Sargant  shall 
take  such  ayd  as  hee  thinkes  meet,  to  attach  and  arrest 
the  bodyes  of  the  abovesayd  Captaine  William  Hudson 


76 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1064.  and  Richard  Smith,  Seniour :  and  to  kccpe  them  or  oom- 
v-^^"to-'mitt  them  to  safe  eustodye,  to  be  remitted  to  this  towne  of 
Newport  to  answer  before  the  Governor  or  deputy  Gov- 
ernor, for  what  they  have  transgressed  in,  or  otherwise  to 
take  bond  of  them  to  the  value  of  three  hundred  pound 
apiece,  to  answer  heare  at  Newport,  before  the  next  Gen- 
erall  Assembly  the  first  Wednesday  in  the  month  of  May 
next  ensueing,  for  their  assuming  such  power  to  them- 
selves,, and  vsurping  such  offices  contrary  to  his  Maj- 
estyes  grant  aforesayd.  It  is  alsoe  ordered  by  the 
authority  aforesayd,  that  in  case  the  Gencrall  Sargant 
should  not  meet  with  the  aforesayd  Captaine  William 
Hudson  within  this  Collony  whereby  to  apprehend  him, 
that  then  power  is  given  by  the  authority  aforesayd,  to 
any  magistrate,  constable,  or  any  other  publicke  ollicer,  to 
seize  vpon  him  by  vertue  of  this  order,  and  to  followe  the 
contents  therein,  as  abovesayd. 

It  is  farther  ordered,  That  the  magistrates  concerned  in 
this  acte,  shall  issue  forth  noe  warrant  as  to  the  premises 
vntill  after  the  last  day  of  this  instant  moneth,  Novem- 
ber. 

Ordered,  That  four  men  shall  be  chosen  to  treate  with 
t^tTiT/wiib  men  that  shall  be  chosen  by  Plymouth,  about  the  differ- 
ence that  is  betweene  them  and  vs.  The  men  chosen  are 
Mr.  William  Brenton,  Deputy  Governor,  Mr.  Roger  Wil- 
liams, Mr.  William  Baulston,  Mr.  Randall  Howlden,  and 
if  he  refuse,  Mr.  Zachariah  Roades. 

Ordered,  That  Mr.  Thomas  Olnye,  Mr.  John  Clarke 
and  Joseph  Torrey  are  appointed  to  draw  vp  a  commission 
for  the  aforesayd  Commissioners  that  are  to  treate  with 
Fly  mouth  men. 

The  Committee  that  was  appointed  to  draw  vp  a  Com- 
commission  mission  for  Mr.  John  Clarke,  Capt.  John  Green  and  Mr. 

t  ir  Commit-  .  .  ,  ,  . 

»«••  Joseph  lorrey  making  their  returne,  having  drawne  vp 
two,  and  they  having  been  read  in  Court,  the  Court  have 
graunted  leave  to  them  that  are  commissioned  to  consider 
till  after  dinner,  which  they  please  to  accept. 


AND  PROVIDENCE  PLANTATIONS. 


77 


Ordered,  That  the  two  commissions  drawn  vp  for  the  1GG4. 
commissioners  that  are  apoynted,  he  committed  to  Mr. 
Roger  Williams  and  Mr.  John  Card,  by  them  to  be  fully 
compleated,  and  presented  to  this  Court  on  Monday  next, 
then  to  be  confirmed. 

The  Court  adjourned  vntill  Monday,  at  8  o'clock  in  the 
morning. 

The  Commissions  that  have  been  drawne  vp  by  Mr. 
Roger  Williams  and  John  Card,  having  been  reade  more 
than  once  in  open  Court,  are  voted  and  approved  of. 

Vpon  the  debate  that  hath  been  concerning  the  addition  nr.  John 

r  °  Clarke  to  I 

to  the  account  that  is  found  due  to  Mr.  John  Clarke,  vponpaid- 
the  ballance  of  the  account  by  the  Committee  appoynted 
to  audit  his  accounts  .  It  is  ordered,  that  Mr.  John  Clarke 
shall  have  from  the  Collony  one  hundred  and  forty-one 
pound  current  pay  of  the  Collony,  to  defray  his  disburse- 
ments for  his  ordinary  expences  in  England  :  and  the 
whole  sume  that  the  Collony  doth  owe  as  appears  vpon  the 
account  found  by  the  Committee  and  owned  by  the  Court, 
is  one  hundred  and  one  pound  and  five  shillings,  and  six 
pence,  to  be  payd  in  England  ;  and  one  hundred  pound 
given  by  the  Generall  Assembly,  November  24,  1GG3, 
the  whole  amount  comes  to  three  hundred  and  forty-three 
pounds,  thirteen  shillings,  sixpence  ;  whereas  as  before, 
one  hundred  and  one  pounds,  five  shillings,  sixpence  to  be 
payed  in  England. 

Ordered,  That  a  Committee  be  chosen  for  to  view  the 
former  orders  that  have  been  to  rayze  money  for  Mr. 
John  Clarke  formerly,  and  to  see  what  hath  been  rayzed 
on  each  towne  ;  the  Committee  is  Captaine  John  Greene, 
Mr.  Zachariah  Roades,  Mr.  William  Woodall  and  Joseph 
Torrey. 

Ordered,  That  vpon  the  consideration  of  the  charges  °f 

'  r  6  £600. 

and  disbursements  of  Mr.  John  Clarke,  in  England,  and 
his  returne  hither,  &c,  and  other  charges  that  the  Collony 
is  justly  indepted  to  other  parsones.  This  Court  doe  or- 
der that  a  rate  of  sixe  hundred  pounds  be  levied  on  the 


7<s 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLANb, 


1664.  Collony,  and  every  towne  and  place  of  the  Collony  to 
^'•^  beare  an  equal!  proportion  of  the  aforesayd  rates. 

Ordered,  That  Petacomscot  shall  pay  twenty  pound  of 
the  rate  abovesayd. 

Ordered,  That  Block  Island  inhabitants  shall  p;iy  the 
BUme  of  fifteen e  pound  to  the  aforesayd  rate. 

Ordered,  That  the  towne  of  Providence  and  the  towne 
of  Portsmouth  shall  pay  each  of  them  one  hundred  pounds 
apiece  to  the  rate  aforesayd. 

Ordered,  That  Warwick  shall  pay  eighty  pounds  to  the 
rate  aforesayd.* 


[*  The  town  of  Warwick  objected  to  the  rate,  levied  on  it  by  the  Colo- 
ny, for  its  proportion  of  the  sum  required  to  pay  Mr.  Clarke  for  his  ser- 
vices in  procuring  the  Charter,  and  sent  the  following  memorial  to  the 
Governor  anil  Council  in  relation  thereto.] 

Warwicke,  12th  December,  1604. 

Honored  Sirs: 

Those  orders  made  in  the  Assembly  convened  in  this  Collony,  being 
now  read  in  this  towne  of  Warwicke,  there  apeareth  a  generall  desisting 
and  dissenting  from  the  aprobation  of  that  rate  now  imposed  upon  this 
towne  of  Warwicke,  which  concernes  the  accommodation  of  Mr.  John 
Clarke,  conceivinge  it  to  be,  without  any  ground  of  equitie  ;  not  under- 
standing how  his  employment  in  England  amounts  to  such  a  sum  as  with 
respect  unto  this  towne,  to  have  such  a  taxation  and  charge  laid  uppon 
Itt ;  our  reasons  are  as  followcth: 

1.  First,  we  understand  that  there  were  none  of  the  Deputyes  of  this 
towne  present,  in  the  Assembly,  when  the  rate  was  made,  being  with- 
drawen  through  sicknes  and  other  urgent  occasiones,  or  else  expelled  the 
Assembly  uppon  the  displeasure  of  some  particular  men,  and  that  with- 
out tryall  of  the  case,  whether  just  or  injurious,  although  it  was  freely 
offered  and  earnestly  desired. 

2.  Mr.  Clarke  was  at  the  first  sent  out,  only  by  the  men  of  Roade  Is- 
land upon  their  owne  particular  affaires  and  occasiones,  concerning  the 
said  Hand;  at  which  time,  wee  upon  the  maine,  were  coustrayned 
to  send  over  Mr.  Roger  Williams  to  prevent  dangers,  which  we  saw  were 
like  to  ensue,  in  wrongs  intended  against  all  the  rest  of  the  Collony; 
which  voyage  of  Mr.  Williams  was  very  chargable  to  us",  and  allso  trou- 
blesome to  procure  silver  at  that  time  for  his  transportation  and  occa- 
siones. And  this  relation  of  Mr.  Clarke  to  Road  Hand  continued  divers 
years,  only  Mr.  Williams  of  his  own  accord  delivered  divers  papers  to 
Mr.  Clarke,  which  concerned  the  towne  of  Warwicke,  which  papers  we 
have  desired  to  have  returned,  but  have  not  yet  obtayned  them. 


AND  PROVIDENCE  PLANTATIONS. 


79 


Ordered,  That  Newport,  Cononicutt,  and  that  which  is  1664. 
levied  on  Block  Hand,  shall  pay  the  one  halfe  of  the  rate  v?"~v^ 
aforesayd,  and  that 

Cononicutt  is  to  pay  thirty  sixe  pound  to  the  rate 
aforesayd. 


3.  Wee  know  that  Mr.  Clarke  did  publiquly  exercise  his  ministry  in 
the  word  of  God  in  London,  as  his  letters  have  made  report,  as  that  being 
a  cheefe  place  for  his  proffitt  and  preferment,  which  we  doubt  not  brought 
him  in  good  njeanes  for  his  maintaiuance  ;  as  allso  he  was  much  employed 
about  modelizing  of  matters,  concerning  the  affaires  of  England  as  his 
letters  have  declared  ;  in  which  noe  doubt  he  was  iucouradged  by  men  of 
noe  small  estates,  who  in  all  licklyhood  did  communicate  liberally  unto 
him  for  such  his  labours  and  studies. 

4.  It  is  of  latter  dayes,  that  he  hath  been  imployed  as  an  agent,  for 
the  Collony :  therefore  letters  were  writt  to  others,  about  the  time  of  the 
coming  in  of  the  King,  to  desire  their  indeavours,  in  the  behalfe  of  the 
affairs  of  this  Collony,  as  haveing  noe  other  to  look  after  them  in  those 
partes,  soe  that  we  doe  much  wonder,  that  such  a  sum  of  money  should 
be  charged  uppon  this  towue,  being  it  hath  so  laitly  been  at  such  cost 
and  trouble,  to  returne  bills  of  exchange  to  Loudon,  to  defray  Mr. 
Clarke's  engadgmeuts.  And  more  especially  in  that  the  greatest  matter 
of  charge  in  procuring  his  Majesties  letters  pattents  (in  all  likelyhood), 
was  freely  and  honorably  given  unto  the  Collony  by  the  Lord  Chan- 
cellor. ' 

5.  Wee  conceive  that  it  is  very  necessary  to  have  the  boundaries  of 
the  Collony  knowne  and  established,  before  any  such  taxation  be  put  up- 
on it,  that  so  it  might  apeare,  who  ought  to  be  brought  in  for  the  ease  of 
the  whole,  in  bearing  their  proper  share  thereof,  although  the  bounds  of 
Warwicke  be  made  and  continued  very  scant.  With  respect  to  others 
of  the  townes,  whilst  they  fetch  in  their  territories  from  our  doors,  and 
joyne  them  to  those  who  are  more  remote  :  as  allso,  whereas  certaine 
lands  were  apointed  towards  the  defraying  of  our  charge,  in  sending  over 
Mr.  Williams  to  the  intent  abovementioned.  The  men  of  Road  Hand  are 
permitted  to  intrude  most  injuriously  upon  them  and  take  them  away 
from  us. 

6.  Wee  intreat  this  favour,  that  if  any  thing  must  be  charged  upon 
Warwicke,  concerning  this  accoumpt  that  it  may  be  levied  on  these  In- 
dians so  suffered  to  remain  amongst  us,  who  have  so  many  veers  injuri- 
ously intruded  upon  our  best  lands,  which  should  have  been  the  principal 
means  of  our  livelyhood,  with  the  purloyning  and  destroying  our  goods, 
to  our  great  abuse,  and  weakening  of  our  estates,  so  that  we  cannot  put 
forth  ourselves  for  publique  uses,  so  as  otherwise  we  might  have  done ; 
neither  find  we  any  reliefe  from  the  Collony.  Lett  them  that  are  sufered  to 
devour  our  strength  and  livelyhood,  together  with  the  provision  for  our 
children  hereafter  be  caused  to  pay  for  their  soe  doing. 

7.  Warwicke  men  have  have  done  noe  lesse  for  the  Collony.  than  Mr 


80 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.      Ordered,  That  the  Island  called  Patience  is  added  and 
v~-*^"»~'  adjoyned  to  the  towne  of  Portsmouth, 
[■land  to  i.e    There  haveing  been  much  debate  and  serioues  consider- 

added  t  o  ° 

rortsmouth.  utiou  about  the  discharge  and  clearing  of  one  hundred 


Clarke  bath  done,  uppon  their  owno  charge,  travel!  and  losse  of  time, 
never  receiving  a  penny  from  any  of  the  other  townes;  for  when  the  men 
of  the  Massachusetts  had  procured  a  Charter,  for  the  most  part  of  all  this 
Collony,  under  the  name  of  vacant,  waste  and  uninhabited  lands,  if  War- 
wicke  men  had  not  opposed  it,  and  so  the  deoeipt  thereof  hud  heen 
brought  to  light,  otherwise  they  would  have  got  it  confirmed  unto  them 
in  that  time  of  the  hight  of  their  creditt  in  England.  And  then  had  this 
Collony  been  noe  Collony,  but  only  an  inlargement  unto  another.  And 
they  had  at  that  time,  both  ministers  and  magistrates  and  others,  plead- 
ing their  cause,  that  the  said  Charter  might  be  autheutick  and  take  effect, 
which  was  prevented  by  Warwick  men  only;  and  should  men  be  disre- 
garded in  point  of  any  gratifycation  and  reward?  yett,  lett  their  actions 
speake,  to  testify  the  truth,  so  as  to  prevent  the  imposition  of  too  hard 
burdens  to  be  layd  upon  them.  And  more  especially,  lett  not  Warwioko 
men's  act  be  too  much  disrespected  ;  for  if  that  Charter  soe  gott  by  the 
Miisseehusetts,  had  taken  plaoe,wee  beleive  they  would  have  taken  place 
upon  Conanicott  before  Road  Hand  men,  though  we  have  cause  too  think 
that  Roade  Hand  in  those  dayes  had  thoughts  to  have  been  allowed  to  sepa- 
rate from  the  mainc;  which  if  it  had,  we  doubt  they  would  have  had  ill  neigh- 
hours,  and  would  hardly  have  continued  long,  but  would  have  been  either 
pent  in  or  swallowed  up,  but  without  all  peradventure,  they  would  not  have 
had  such  large  portions  of  land  upon  the  maine,  as  now  they  have,  though 
charge  was  given,  that  in  case  this  Collony  should  prove,  to  fall  within  any 
other  pattent,upon  due  search,yet  should  Warwick  men  possesse  their  lands 
and  possessions,  which  we  have  to  shew,  neither  should  any  lay  claime 
unto  any  part  of  this  Collony,  till  it  was  determined  by  the  Parliament 
of  England;  all  which  was  done  by  Warwicke  men's  meanes  in  the  time 
when  the  Collonys  about  us,  were  in  the  height  of  their  credit  in 
England. 

Lastly,  we  petition  all  whom  it  may  concern,  that  if  such  a  mult  must 
be  raised  for  Mr.  Clarke,  for  his  long  continuance  in  England,  and 
charge  of  returne.  That  it  may  bo  levyed  by  just  fines  and  amerse- 
ments,  layd  upon  such  in  the  Collony  as  have  not  only  gone  about,  but 
allso  have  betrayed  the  Collony,  and  such  ns  have  injuriously  intruded 
violently  upon  the  Collony,  together  with  such  as  have  proudly  and  as  it 
may  seem,  intentionally,  run  themselves  into  crimes  of  a  higher  nature, 
and  by  the.  taking  of  such  just  and  deserved  forfeitures,  the  Collony  may 
be  eased  of  this  present  great  taxation. 

Secondly,  it  will  be  much  for  the  honour  of  his  Majesties  power  safely 
derived  upon  the  Collony  in  the  eyes  of  all  trew  subjects. 

Thirdly,  it  will  be  the  safety  of  the  Collony  for  time  to  come,  that  none 
Khali  hereafter  attempt  such  proud  contentions  and  irregular  enterprizes, 


AND  PROVIDENCE  PLANTATIONS. 


81 


and  fifty e  pound  in  England,  which  is  ingaged  by  Mr.  1664. 
John  Clarke,  as  the  Collonye  agent,  for  winch  hee  stands 

J         o       »  Be  payed  in 

firmly  ingaged  to  pay  ;  this  presant  Court  doc  order  and 
declare,  and  by  this  present  net  ingage  to  procure  and  de- 
liver vnto  the  aforesayd  Mr.  John  Clarke,  in  current  bill 
or  billes  to  the  full  value  of  one  hundred  and  fiftye  pounds 
current  in  England,  and  the  same  to  be  procured  and  de- 
livered to  him  or  to  his  order,  here  by  the  eighteenth  of 
this  instant,  November  ;  or  else  to  pay  three  hundred 
here  in  wheat,  at  four  shillings,  sixpence  per  bushell  ; 
pease,  at  three  shillings,  sixpence  per  bushell  ;  porke,  at 
three  pound,  ten  shillings  per  barrell,  or  in  horses  or  cat- 
tle equivalent ;  and  this  to  be  payed  here,  by  the  last 
day  of  February  next  ensueing,  by  the  severall  townes 
proportionally,  according  to  the  proportion  that  by  the 
former  order  of  this  Court  they  are  ingaged  to  pay. 

It  is  farther  ordered,  That  the  remaynder  of  the  rate  Remainder 

'  '  ]  art  rate  to 

first  sett,  which  is  six  hundred  pound,  which  remaynder bepayed- 
is  two  hundred  pound,  is  to  be  payed  by  the  last  day  of 
February  next  ensueing  the  date  hereof,  if  payed  in  pro- 
visiones  or  horses  :  and  what  is  or  shall  be  payed  in  cattle, 
to  be  payd  by  the  first  day  of  May  next ;  and  this  to  be  pay  (I 
in  any  sort  of  provision  according  to  the  usual  rate  that  it 
doth  pass  at  amongst  vs  ;  and  this  the  severall  townes  are 


against  his  Majestic  and  the  Collony,  when  they  see  and  remember  how 
justice  have  been  executed  upon  such  intollerable  offenders.  And  so  we 
trouble  you  noe  further  at  this  time,  but  remaiue  your  servants  in  all  le- 
gall  and  necessary  demands  and  enterprises. 

Signed  in  the  name  and  by  the  order  of  the  towue  of  Warwick*; 

EDMUND  CALVE  ELY,  Towne  Clerk.'. 
To  the  honored  Governor,  deputy  Governor  and  Counsell  of  the 
Collony  of  Koade  Hand  and  Providence  Plantations,  in  New 
England.    These,  with  trust  present. 
This  was  delivered  to  the  Governor  about  the  10th  or  17th  of  Decem- 
ber, 1G64,  on  a  Thursday  morning,  at  his  house  in  Newport,  by  me. 

EDMUND  CALVEELY,  Towne  Glerk. 
[This  letter  from  Warwick  was  taken  up  and  acted  on  at  the  March 
session,  1666.] 

VOL.  II.  11 


82 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.  ingaged  to  lake  care  of,  to  see  it  accomplished  and  deli v- 
**v^/erod  to  the  Gencrall  Treasurer  or  to  his  order,  according 
to  the  time  prefixed. 

Concearning  the  rates  that  were  before  ordered,  it  is 
thought  litt  and  requisite  and  by  this  Court  ordered *  that 
the  several!  fcownes  arc  hcarhy  required  within  five 
daves  time  after  the  orders  of  this  Court  comes  to  their 
magistrate  or  magistrates  hands,  that  the  sayd  magistrate 
or  magistrates  shall  be  required  to  call  the  inhabitants  of 
the  respective  townes  together,  to  make  the  rate  that  is 
levied  on  the  sayd  towne,  and  soe  to  make  vse  of  the 
power  of  the  towne  to  gather  the  sayd  rate,  and  to  have  it 
in  readiness  according  to  the  prefixed  time  cxpresed  be- 
fore ;  and  in  case  anv  refuse  to  pay  what  is  levied  on  him 
or  thcin,  then  the  magistrate  or  magistrates,  one  or  more 
agreeing,  shall  grant  forth  a  warrant  to  the  General!  Sar- 
gant  to  take  it  by  distraynt,  from  all  such  refuseing  per- 
sones  what  is  levied  on  them,  and  to  make  returne  thereof 
to  such  whom  the  magistrate  shall  appoynt  to  receive  the 
same  for  the  vse  aforesayd  ;  and  for  his  paynes  shall  have 
five  shillings  vpon  the  pound  over  and  above  the  sayd 
rate  for  his  paynes  and  attendance  ;  and  what  he  shall 
distrayne  to  prize  and  value  after  the  prizes  already  sett, 
and  to  returne  the  overplus  to  the  person  from  whom  hee 
took  the  same. 

Ordered,  that  Mr.  Roger  Williams,  Mr.  John  Sanford 
and  Joseph  Torrey  are  to  take  these  letters  that  were 
formerly  drawne  vp  to  Plymouth  and  Connecticutt,  and  to 
enlarge  them  something,  as  they  shall  judge  suitable,  and 
present  them  to  the  Court  to  be  confirmed. 

Ordered,  that  the  letter  drawne  vp  to  be  sent  to  Ply- 
mouth, is  approved  by  the  Court. 

Ordered,  that  the  letter  drawn  vp  for  Connecticutt  is 
approved  of. 

There  being  a  petition  presented  by  Sarah  Parker  for  a 
release  from  her  husband,  the  Court  considering  the 


AND  PROVIDENCE  PLANTATIONS. 


83 


weight  of  the  matter  doe  wave  it  for  the  present,  and  1GG4. 
leave  the  finall  determination  of  it  to  the  next  Generail  ^-^-^ 

Petition  of 

Assembly  as  they  see  cause.  ?,a™h 

J  J  Parker. 

Ordered,  that  for  the  future,  or  till  farther  order  from ,  The  order 

'  '  for  warning 

or  by  the  authority  of  the  Generail  Assembly,  that  all^^r 
deputyes  or  jurors  for  their  respective  services  shall  be  *en' 
chosen  by  free  vote  in  the  townes  respectively  in  their 
towne  meetings,  for  that  purpose  ;  and  such  who  are  soe 
deputed  and  chosen  there,  shall  immediately  goe  forth  an 
order  from  the  Towne  Clarke  to  the  Towne  Sargant  for 
him  to  give  notice  and  warning  to  the  persons  chosen,  at 
the  least  fower  dayes  before  the  sayd  respective  Courts  or 
meetings  of  the  Generail  Assembly  or  Courts  of  Trialles  ; 
and  if  the  Towne  Clarke  shall  faile  in  his  duty  hee  shall 
forfeit  fortye  shillings  to  the  Generail  Treasurer  ;  and  if 
the  Towne  Sargent  faile  in  his  duty,  hee  shall  forfeit 
twenty  shillings  to  the  Treasurer  aforesayd,  and  to  be 
levied  and  payd  without  faile  by  a  distringas  from  the 
Generail  Recorder,  and  noe  plea  or  wager  of  law  to  be 
admitted  against  the  distringas,  and  the  warning  above- 
sayd  shall  be  esteemed  lawfull  warning  if  the  Sargant  be- 
foresayd  shall  leve  the  warning  with  any  capable  person  of 
the  house  of  the  partye  chosen. 

It  is  ordered  and  declared  by  this  Assembly  and  by  the  Thr- law  for 

*  "  the  choosill'g 

authority  thereof,  that  in  the  electing  of  Governor,  deputy  {£efl"n8bTP 
Governor,  or  any  other  magistrate  or  officer  in  this  Collony, of A#sistanU 
that  whereas  there  may  happen  a  division  in  the  vote  soe 
as  the  greater  halfe  may  not  pitch  directly  on  one  certaine 
person,  yett  the  person  which  hath  the  most  votes  shall  be 
deemed  lawfully  chosen.  And  further,  it  is  ordered  and 
declared  by  the  authority  aforesaid,  that  if  hee  who  is 
chosen,  whether  as  aforesayd  or  by  the  greater  number  of 
all  the  votes,  doe  refuse  to  stand  and  serve  in  the  office  he 
shall  soe  be  elected  to,  that  then  the  Generail  Assembly, 
consisting  only  of  the  Governor  or  deputy  Governor,  and 
sixe  or  more  Assistants,  together  with  the  Deputyes 
chose  by  the  Townes,  or  as  many  of  them  as  shall  be 


84  RECORDS  OF  TIHi  COLONY  OF  RHODE  ISLAND, 

IGC4.  there  personally  present,  are,  according  as  is  enjoyned  in 
"^-v-^his  Majesties  letters  patients,  to  proceed  presently  to  the 
electing  of  another  person  to  supply  the  roome  of  the  re* 
fuseing  partye  vntill  the  sayd  place  be  supplyed. 

There  being  an  account  presented  to  this  Court  by  Capt. 
;.l;;.,;li;;),*,I1<r  John  Greene  and  Joseph  Torrey,  for  their  being  employed 
f.'vC1'!;, ' "' "  to  Rehoboth  on  the  Collonyes  occasiones  to  treat  with  the 
Massatusitts  Connnissioners  in  May  last,  for  their  expences 
there,  and  for  attendance  on  them,  which  account  comes 
.  to  five  pound,  four  shillings  and  ten  pence,  of  which  they 
have  receiued  in  money  twelve  shillings,  the  account  is 
fully  owned,  and  ordered  to  be  payd  the  Generall  Treasu- 
rer, as  appears  by  this  order  following. 

Ordered,  that  the  bill  presented  by  Mr.  John  Greene 
ana  MrTor- an(l  Joseph  Torrey  concerning  their  being  employed  on  the 
iepud'.1"  ac~  Colloneys  account  to  Sccunckc,  alias  Rehoboth,  is  ap- 
proved and  accepted. 

Ordered,  that  Capt.  John  Greene  and  Joseph  Torrey, 
for  their  going  to  Secuncke,  alias  Rehoboth  to  meet  with 
the  Massatusitts  Commissioners,  shall  have  twenty  shilr 
lings  apiece  for  their  own  travili  thereon. 

Ordered,  that  Mr.  Zachariah  Roades,  Mr.  John  Cog- 
fefonTr"  geshall,  Mr.  John  Sanford,  and  Joseph  Torrey  are  appoint- 
c°arke'9ac-  ed  a  Committee  to  take  the  accounts  of  Mr.  John  Clarke, 
and  to  repaire  to  the  Governor  to  crave  his  help  to  cleare 
the  summes  of  money  that  were  brought  in  by  severall 
persones  formerly  to  be  sent  for  England  to  supply  Mr. 
John  Clarke. 

Ordered,  that  the  bill  of  charges  presented  by  Mr.  John 
canpfbui  Card,  which  hee  expended  on  Capt.  George  Baxter  and 
accepted,  man  that  was  hired  to  bring  the  Pattent  from  Boston 
to  the  Island,  is  accepted  of,  and  ordered  to  be  payed. 
Ordered,  that  the  charges  that  have  been  expended  by 
cia^ke'1"  Mr.  John  Clarke,  Capt.  John  Cranston,  and  Mr.  William 
charge3'&c  Dyre,  shall  be  borne  by  the  Collony. 

Ordered,  that  the  hearing,  considering,  receiving  and 
ordering  the  accounts  of  expences   that  are  defrayed 


AND  PROVIDENCE  PLANTATIONS. 


85 


towards  the  voyage  of  the  three  men  aforesayd,  the  whole  1664. 
care  thereof  is  referred  to  the  Governor  and  Counsill,  or  -^^^ 

Referred  to 

soe  many  of  them  as  shall  be  procured  together  about  it.  *ea®°vern- 

Vpon  the  consideration  that  hath  been  vpon  the  petition  ^f''0c)j()hn 
presented  by  John  Samson  and  Johannah  Folgiour,  who  j!!^,".,,"'"1 
weare  indicted  at  the  last  Generall  Court  of  Trialles  for  fine  remit- 
fornication,  and  referred  themselves  to  the  Court,  and 
weare  adjudged  to  pay  fortye  shillings  apiece,  or  be 
whipt :  this  Court  doe  order  that  the  one  halfe  of  their 
fine  or  punishment  be  remitted. 

Vpon  the  consideration  of  Thomas  Durfees  petitions  £°cTrh™is" 
that  have  been  presented  to  this  Court  for  remitting  the  finer!ee's 
fine  that  was  layd  vpon  him  by  the  late  Court  of  Trialles, 
for  breach  of  his  bond  in  October  last :  this  Court  doe  not 
see  cause  to  remitt  any  part  of  his  fine. 

Vpon  the  consideration  of  Peter  Tallmans  petition,  S^J^; 
wherein  hee  complaines  that  by  reason  of  the  insoelentrshe(f.d"on" 
carriadge  of  Thomas  Durfee  with  the  sayd  Tallmans  wife, 
and  the  danger  therein  he  expresseth  hee  stands  in  by 
reason  thereof,  &c.  :  the  Court  doe  order  that  the  sayd 
Durfee  be  sent  for3  and  admonished  for  his  vnsuitable 
carriadge  before  the  Court. 

Ordered  by  this  Court  and  the  authority  thereof,  that  Each  towna 

"  m  .  .         to  have  a 

each  towne  of  this  Collony  shall  have  a  good  and  sufficient  p^0/ 
paire  of  stockes  or  cage,  to  secure  offenders  in,  betweene 
this  and  the  twentye  fifth  of  March  next ;  and  what  towne 
shall  fall  short  of  the  performance  hereof,  shall  forfeit  ten 
pound  to  the  Collony. 

There  haveing  been  two  Generall  Assemblyes,  the  one  ThoRocord. 
in  March,  the  other  in  May  last  past,  that  the  Court  did  20*.  for  each 

*  x  coppie. 

not  order  to  the  Recorder  what  hee  should  have  for  the 
coppies  of  the  Courts  orders :  this  Assembly  doth  now  or- 
der that  the  Recorder  shall  have  from  each  towne  twentye 
five  shillings  from  each  towne,  for  the  coppies  of  those 
Courts  proceeds. 

There  being  an  addresse  and  appeale  presented  by  Mr.  ^P?**3 
William  Dyre  against  two  verdicts  and  judgments  received 


80 


RECORDS  OF  THE  COLONY"  OF  RHODE  ISLAND, 


1GG4.  and  passed  against  him  by  the  last  Court  of  Trialles,  hec 
■^■v-w  prayeth  for  the  reversing  thereof ;  the  vote  of  the  Court 

was  not  . to  reverse  judgment. 

Ordered,  that  the  petitions  presented  by  Mr.  Roger 

Williams,  William  Harris,  Richard  Knight  and  John  Eas- 

ton,  are  referred  to  the  next  Court,  farther  to  consider 

and  determine. 

Ordered,  that  the  Recorder  shall  have  five  pound  for 

the  coppies  of  this  Court  orders,  to  be  equally  divided  be- 

twecne  the  fower  townes  ;  alsoe  the  Scale  of  the  Collony 

to  be  affixed  to  each  coppie. 

FFINIS. 

Letter  from  the  Governor  and  Deputy  Governor  of  Rhode 
Island  to  Colonel  Nichols,  one  of  the  King's  Commis- 
sioners relative  to  the  Narragansett  Country* 

Most  honorable  and  highly  esteemed  Sire  : 

Bee  pleased  to  understand,  that  by  the  Honorable  hands 
of  Sir  Robert  Carr  (knight),  wee  received  his  Majestys 
most  gratious  and  Royall  letters,  bearing  date  the  23d  of 
April,  1GG4,  in  the  sixteenth  yeare  of  his  Majestys 
reigne  ;  in  which  is  expressed  such  great  and  wonderful! 
favour  as  wee  believe  can  hardly  bee  equalled  or  parralcl- 
ed  from  any  other  Prince  unto  the  best  of  subjects,  much 
lesse  to  such  unworthy  and  (otherwise  despised  and) 
opressed  ones  as  wee  are.  What  to  returne  unto  his 
Royall  Majesty  that  is  any  way  sutablc  for  soe  rich  fa- 
vours wee  know  not,  but  in  the  sence  of  the  same  great 
goodnes  to  beseech  the  great  God  and  King  of  Heaven  to 
powre  downe  his  blessings  upon  our  Dread  Soveraigne 
Lord  the  King,  and  upon  all  his  afifayres  at  home  and 
abroade  ;  and  in  perticuler  to  blesse,  guide  and  defend 
your  Honor,  and  the  others  your  Honorable  Assotiates,  his 


*  From  J.  ('niter  Frown's  Manuscripts,  No.  50. 


AND  PROVIDENCE  PLANTATIONS. 


87 


Majesties  Comissioners  in  your  weighty  concernments,  in  1664. 
prouioteing  the  Kings  Royall  intrest  in  these  Parts  of  the  ssrv^s' 
world  ;  and  in  puting  his  subjects  here  in  a  posture ,  as 
may  render  them  in  a  capacity  of  serving  his  Majesty,  be- 
ing by  his  gratvous  care  and  goodnes  defended  from  opres- 
sing  one  another  in  civil]  or  Religious  concernments  ;  in 
both  which",  seaverall  (yea  most)  of  the  members  of  this 
Colloney  have  suffered  very  much  under  strange  pretences  • 
from  the  Neighbour  Colonyes,  and  perticularly  from  that 
of  Massachusetts  and  their  priiicipallest  Members  (or  some 
of  them  at  least),  the  which  wee  should  not  now  have 
mentioned  to  your  honors  ;  as  indeed  wee  alsoe  forbore  to 
incist  on  them  to  the  Honorable  Sir  Robert  Carr,  who 
lately  came  by  here,  nor  yett  to  Collonel  Cartwright  or 
Mr.  Maverick,  when  they  passed  by,  although  wee  had 
oportunity  nnd  great  empulsions  of  minde  and  reason  to 
have  layd  open  all  our  grievances  of  that  nature,  but  for- 
bore to  administer  any  trouble  to  them,  and  shall  forbare 
troubling  your  Honor  with  any  perticulars  at  this  time, 
saveing  only  to  represent  to  your  Honors  view,  that  while 
wee  suffer,  with  a  patient  expectation  of  a  full  hearing 
betweene  them  that  wrong  us  and  our  selves,  before  your 
honourable  selves  (in  a  short  time),  who  are  Comissionated 
by  his  Majesty  to  decide  the  Matter  ;  those  that  doe  us  or 
the  Coloney  the  wrong,  have  been  soe  uncivill  as  to  Peti- 
tion those  two  Honored  Gentlemen  that  were  at  Boston, 
against  the  people  of  this  Colony,  complaining  of  strange 
outrages,  and  violencies,  and  desire  liberty  themselves  to 
proceed  in  their  coursses,  and  that  those  of  this  Colonys 
members  may  bee  prohibited  from  building,  &c:  which 
strange  empudence  hath  scarcely  bene  elsewhere  found  ; 
for  those  Men  that  Petition  for  themselves  and  others  (as 
by  the  inclosed  coppy  thereof  appeareth),  are  the  persons 
who  by  violence  intrude  into  the  middle  of  this  Colony, 
and  there  procure  and  accpiire  lands  contrary  to  the  Law 
in  such  cases  here  established,  yea,  and  exercise  authori- 
ty, in  contempt  of  his  Majesties  letters  Pattents  to  us 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


given  ;  and  that  too,  since  they  have  beene  solemly  for- 
'  hidden  soe  to  presume  ;  and  for  asmueh  as  the  information 
ol'lhe  savd  Petition  came  to  our  hands,  just  now  while 
this  is  writing,  Sir  Robert  Carre  being;  gone  but  one  way 
before  it  came,  wee  could  doe  noe  lessc  than  to  informe 
your  Honour  thereof ;  and  alsoe  that  notwithstanding  all 
these  provocations  from  our  said  neighbours,  "wee  shall 
endeavour  to  preserve  the  peace  of  his  Majesties  subjects 
in  this  jurisdiction  ;  in  the  meane  time  and  untill  our 
cause  may  have  an  equall  hearing  before  his  Majostyes 
most  Honorable  Commissioners  ;  which  hearing  wee  hope- 
fully expect  will  bee  in  these  few  weeks,  and  humbly  wee 
begge  your  Honour  will  please  to  give  us  if  possible  it 
may  bee  some  fifteen  dayes  notice  before  hand  of  the  time 
appointed  by  your  Honours  for  a  hearing,  that  both  par- 
ty es  may  bee  somoned  in,  to  declare  their  causes,  ettc, 
before  your  Honorable  selves  ;  as  also  this  wee  humbly 
begge  for  some  other  reasons,  which  seeme  to  us  very  ne- 
cessary as  touching  the  reception  of  your  Honors,  and  that 
although  they,  the  other  Honored  and  worthy  Gentlemen, 
Sir  Robert  Carr,  Collonell  Cartwright  and  Mr.  Maverick 
severaly  coming  this  way  at  times  wholy  as  then  to  us  un- 
expected ;  and  soe  consequently  not  in  any  sutable  man- 
ner provyded  to  entertaine  their  Honors  as  wee  ought, 
yett  their  goodnes  hath  bene  pleased  to  accept  that  poore 
expressions  of  ours,  as  season  afforded  ;  wee  must  how- 
ever acknowledge  that'  wee  have  not  answered  our  obliga- 
tions as  hath  bene  meete,  but  desire  to  amend  for  future 
(if  possible  wee  may  have  some  little  notice),  and  to  ex- 
press our  duties  in  a  more  sutable  manner  ;  therein  to  ex- 
presse  our  thankfulnes  and  faythfull  alleagience,  in  all 
humility  unto  his  Majesty,  in  such  his  most  Honorable 
Comissioners  treatment  and  entertaynment  amongst  us. 

And  now  before  wee  conclude,  wee  humbly  intreat 
your  Honour  to  receive,  and  present  our  most  humble 
service  and  thankfull  acknowledgments  of  and  for  the 
great  and  high  favours,  of  the  more  Noble  and  right 


AND  PROVIDENCE  PLANTATIONS. 


89 


Honorable  Earle  of  Clarendon,  Lord  Chancellor  of  Eng-  1664. 
land,  in  his  most  Honorable  letters  sent  to  this  Colony,  by 
your  worthy  selfe  and  Sir  Robert  Carr,  ettc.,  which  sayd 
letter  wee  alsoe  received  at  the  hands  of  the  Honorable 
Sir  Robert,  aforesayd  ;  it  bearing  date  Aprill  the  28th, 
1664.  Your  Honors  great  goodness  fully  to  us  appearing 
in  your  sending  the  sayd  letters,  by  soe  worthy  a  hand  as 
his,  for  which  high  favors  wee  can  noe  way  returne  our 
dutifull  acknowledgments  as  wee  ought  more  than  by 
praying  for  a  blessing  on  all  your  endeavours  ;  and  that  hee, 
who  hath  hither  to  carry ed  on  your  works  for  you,  will 
still  bee  your  sun  and  your  sheilcl,  and  exceeding  strong 
defence,  and  requite  you  double  for  the  goodnes  shewed 
unto  us,  who  begging  your  Honors  pardon  for  this  pro- 
lixity, shall  add  noe  more,  but  that  wee  are  your  most 
humbly  devoted,  and  Sir,  in  the  behalfe  of  this  Colloney 
subscribe  us. 

Your  Honors  more  faithfull  servants, 
(Signed.)       BENEDICT  ARNOLD, 
WILLIAM  BRENTON. 
Dated  Newport,  februrary  3,  1664-65. 

As  for  any  farther  informations,  wee  shall  humbly 
be  bold  to  refer  your  Honor  to  the  report  of 
this  worthy  Gentleman,  the  bearer  hereof, 
Capt'n  Bolline.  Vale. 


VOL.  II. 


12 


'.HI  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1664. 


Acts  and  orders  of  the  Generall  Assembly,  sitting  at  Neiv- 
port,  February  23,  1664-65. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  William  Brenton,  deputy  Governor. 

ASSISTANTS. 

Mr.  John  Coggeshall,  Mr.  Roger  Williams, 

Mr.  James  Barker,  Mr.  William  Baulston, 

Mr.  Joseph  Clarke,  Mr.  John  Sanford, 

Mr.  William  Feild,  Mr.  Randall  Ho  widen, 

Mr.  Thomas  Olnye,  Mr.  Walter  Todd. 

DEPUTIES. 

Mr.  John  Clarke,  Joseph  Torrey, 

Capt.  John  Cranston,  Mr.  William  Woodall, 

Mr.  John  Card,  Mr.  Lott  Strange, 

Mr.  Richard  Tew,  Mr.  William  Hall, 

Mr.  Caleb  Carr,  Mr.  Peter  Tollman. 

The  Governor  chosen  Moderator. 
Joseph  Torrey,  Clarke  of  the  Assembly. 
Vpon  the  consideration  of  the  great  weight  that  lyes 
vpon  the  Collony  with  respect  to  the  treaty  that  wee  are 
mouth  com- called  vnto  by  his  Majesty es  Commissioners  to  plead  the 

missioners  " 

at  secunke.  Collonyes  interest  in  poynt  of  pattent  with  our  friends  of 
Plymouth,  &c,  it  is  thought  good  to  choose  and  appoynt 
three  able  men  to  attend  the  said  Commissioners  at  Se- 
conck,  on  Monday,  being  the  27  of  this  instant,  there  to 
plead  and  make  out  o'n  the  Collonyes  behalfe  what  may  be 
requisitt. 

The  three  men  chosen,  are  the  deputy  Governor,  Mr. 
William  Baulston,  and  Mr.  John  Clarke. 


Three  men 


AND  rilOVIDENCE  PLANTATIONS. 


91 


There  having  been  much  agitation  conceavning  the  16G4. 
aforesaid  three  men  nominated  concerning  there  goeing  N-*^v-*-' 
to  Seconckej  and  the  deputy  pleading  their  insufficiency 
for  to  adventure  vpon  the  voyage  by  reason  of  the  season  ; 
the  Court  doe  soe  fair  weigh  and  consider  their  argu- 
ments, that  they  are  excused,  and  Capt.  John  Sanford 
and  Capt.  John  Cranston  are  voted  and  determined  to  be 
the  two  men  that  are  to  accompany  Mr.  John  Clarke  in 
the  design  that  they  are  employed  vpon  before  the  Com- 
missioners concerning  the  difference  between  vs  and  Ply- 
mouth Collony. 

Ordered,  that  Mr.  Roger  Williams  and  Mr.  Randall T^»j»0™ 

7  D  added. 

Howldon  are  added  and  ajoyued  to  the  aforesayd  three 
men. 

Ordered,  that  the  letter  of  credence  drawne  vp  to  be  a  letter  of 

'  1  credence  t» 

sent  to  Sir  Robert  Carr,  Knight,  George  Cartwright,  and be  recorded- 
Samueli  Maverick,  Esquires,  is  approved  of,  and  ordered 
to  be  placed  to  record. 

Ordered,  that  the  Commission  that  is  drawne  vp  by  this  commission 

1  A      ^  to  be  recoid- 

Court  for  Mr.  John  Clarke,  late  agent  for  the  Collony  toed- 
procure  a  pattent,  Mr.  Roger  Williams,  Capt.  John  San- 
ford, Capt.  Randall  Howldon,  Assistants,  and  Capt.  John 
Cranston,  doctor  of  Physicke  and  Chirurgerie  is  approved 
of,  and  ordered  to  be  placed  to  record. 

Ordered,  that  forasmuch  as  vpon  the  hearing  his  Mai- ah  charges 

A  °  *  concerning 

estyes  gratious  letters  and  the  Right  Honourable  the£?*n^- 
Earll  of  Clarendon,  Lord  Chancellor  of  England,  his  let- missioned" 
ters  full  of  grace  and  favour  vnto  this  Collony.    The  AV  j>y  the  coi- 
sembly  is  fully  informed  of  that  which  is  incumbent  vpon 
the  Collony  respecting  the  treatment  as  to  wayting  vpon 
the  honourable  Commissioners  sent  by  his  Majestye  to  vis- 
itt  the  severall  Collonyes  in  New  England,  and  in  per- 
tickelar  this  Collony  :  as  alsoe  for  the  hearing  and  issue- 
ing  the  differences  concearning  the  bounds  betwene  this 
Collony  and  the  other  Collonyes,  as  pertickelarly  alsoe  ap- 
peareth  by  letters  from  the  said  honourable  Commissioners  : 
and  the  Assembly  seeing  it  requisitt  accordingly  to  order 


92 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG4.  and  appoynt  as  abovesaid  some  of  the  Collony  to  repaire 
(0  Seacunck  to  wayt  on  their  honours,  and  that  to  the  end 
in  part  as  afore  premised  :  the  Assembly  doe  agree  and 
order,  that  the  whole  charge  of  the  reception  and  treat- 
ment of  the  said  Commissioners  honours  and  attendance, 
as  alsoe  of  any  that  shall  bee  or  are  employed  in  treatyes, 
or  on  voyages  for  or  about  the  wayting  on  the  said  hon- 
ourable Commissioners,  and  any  other  matter  of  charge  of 
any  way  relating  to  the  premises,  shall  be  borne  and  de- 
frayed by  the  whole  Collony  in  just  proportion,  according 
to  estates,  &c. 

It  is  ordered,  that  Mr.  John  Coggeshall,  Generall  Trea- 
r.l'1,!|,'n,-u"  surer,  is  fully  impowered  to  doe  and  immediately  to  prese 
fitting, and  cither  boats  or  vessels,  or  any  otlfer  matter  or  things  nec- 

char^e  it  to 

the  coiionjr,  cssaiy  for  the  furtherance  of  them  appoynted  to  goe  to 
Seaconcke  as  respecting  provisions,  attendants,  &c,  out 
and  home  ;  and  for  the  reception  and  entertaynment  of 
the  honourable  Commissioners,  and  what  he  takes  for  that 
occasion,  to  give  bills  to  each  partye  charged,  on  the 
Generall  Treasurer,  to  be  thereout  payd  on  the  Collonyes 
account;  as  soone  as  possible  a  rate  maybe  made  and 
returned  into  the  said  Treasury,  therefore 

It  is  ordered,  that  for  any  further  care  for  the  manner 
Jr^ndco""- of  the  entertaynment  of  the  honourable  Commissioners  and 
point  a  com-  ought  relating  thervnto  or  to  the  treatye  of  or  about  the 

mitee.  . 

bounds  and  limmits  of  the  Collony,  that  it  be  left  to  the 
Governor,  deputy  Governor,  and  as  many  of  the  Counsell 
as  can  be  gott  timely  together,  to  apoynt  parsones  and 
cominissionate  them  in  those  matters  ;  and  any  other 
thinge  to  order  as  there  shall  appeare  vrgent  occasion  re- 
quiring the  present  exicution  relating  to  the  premises. 
It  is  ordered,  that  the  orders  of  this  present  Assembly 
tohha^a7s?  De  forthwith  exhibited  under  the  Seale  of  the  Collony  by 
the  Clarke  of  the  Assembly,  and  that  he  shall  have  seven 
shillings  for  each  coppie  to  each  towne,  and  that  hee  doe 
send  to  each  towne  a  coppie  vnder  the  Seale,  within  twen- 
ty dayes  after  this  date. 


AND  PROVIDENCE  PLANTATIONS. 


93 


1664. 

Order  from  the  King's  Commissioners  to  the  purchasers  qfv-^•'•~"*, 
Misquamucuck* 

Wee,  by  the  power  given  us  by  his  Majesty's  commission,  having 
heard  the  complaints  of  some  of  his  Majesty's  subjects,  purchasers  of 
certain  lands  called  Misquamocuck,  lying  on  the  eastern  side  of  Pawca- 
tack  river,  and  having  likewise  heard  all  the  pretences  of  those  by  whom 
they  have  suffered  great  oppressions,  and  considering  the  grounds  from 
whence  these  differences  and  injuries  have  proceeded,  and  endeavoring 
to  prevent  the  like  for  the  future,  do  declare,  that  no  colony  hath  any 
just  right  to  dispose  of  any  lands  conquered  frdm  the  natives,  unless 
both  the  cause  of  that  conquest  be  just,  and  the  lands  lie  within  those 
bounds  which  the  King  by  his  charter  hath  given  it :  nor  to  exercise  anv 
authority  beyond  those  bounds,  which  we  require  all  his  Majesty's  sub- 
jects to  take  notice  of  for  the  future,  lest  they  incur  his  Majesty's  dis- 
pleasure and  suffer  deserved  punishment.  We  likewise  declare  that  all 
those  gifts  or  grants  of  any  lands  lying  on  the  eastern  side  of  Pawcatnck 
river,  and  a  north  line  drawn  to  the  Massachusetts  from  the  midst  of  the 
ford  near  to  Thomas  Shaw's  house,  and  in  the  King's  Province  made  by 
his  Majesty's  colony  of  the  Massachusetts  to  any  person  whatsoever,  or 
by  that  usurped  authority  called  the  United  L'ollonies,to  be  void:  and  we 
hereby  command  all  such  as  are  therein  concerned  to  remove  themselves 
and  their  goods  from  the  said  lands  before  the  nine  and  twentieth  day  of 
September  nest,  in  the  mean  time  neither  hindering  the  Pequot  Indians 
from  planting  there  this  summer,  nor  those  of  the  King's  Province  who 
are  the  purchasers,  from  improving  the  same,  as  they  will  answer  the 
contrary. 

Given  under  our  hands  and  seals  at  Warwick,  April  the  4th,  1665. 

ROBERT  CARR, 
GEORGE  CART  WRIGHT, 
SAMUEL  MAVERICK. 

Order  from  the  King's  Commissioners  to  the  Magistrates  of 
the  King's  Provinces,  or  Narragansett  Country. 

Whereas,  by  the  authority  given  vs  by  his  Sacred  Majesty,  our  dread 
Soveraigne,  to  provide  for  the  peace  and  safety  of  all  his  Collonyes  heare 
in  American,  and  in  a  more  especiall  manner  for  that  part  of  it  called  the 
Narragansett  country,  and  by  his  Majestye,  commanded  now  to  be  called 
the  King's  Province  :  wee  did  by  commission  vnder  our  hands  and  Seales 
dated  at  Petaqumskocte,  March  the  twentieth,  1664;  appoint  authorize 
and  in  his  Majestyes  name  require  Benedict  Arnold,  William  Brenton, 
Esquires,  John  Coggeshall.  James  Barker,  Joseph  Clarke,  William  Eeild, 


*  Frcm  Potter's  History  of  Narragansett,  R.  I.  His.  Coll.  vol.  iii.  p.  262. 


94 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1CG4.  Thomas  OInyc,  Robert  Williams,  Willimn  Baulston,  John  Sanford.  Ran- 
,  dull  Howldon,  Walter  Todd,  Jolm  Porter,  and  John  Greene,  gentlemen, 
ti>  exercise  the  power  and  authoritye  of  justices  of  the  peace  or  magis* 
t rates,  throughout  the  whole  eompnsse  of  this  his  Majestycs  Province ; 
and  to  doe  whatever  they  thinke  best  for  the  peace  and  safety  of  the  sayd 
Province,  and  as  neure  as  they  can  to  the  English  lawes  till  his  Majes- 
tycs pleasuer  he  farther  knowne  therein;  and  in  matters  of  greater  con- 
sequence, any  seven  of  them,  whereof  the  Governor  or  deputye  Governor 
shall  he  one,  shall  he  a  Court  to  determine  any  businesse.  Our  intent  and 
meaninge  was,  and  is,  that  the  sayd  Commission  should  be  noc  longer  in 
force  then  vntillthe  third  of  May  next  ;  and  that  then  and  thence  forward, 
the  Governor  and  deputye  Governor,  and  all  the  Assistants  for  the  time, 
heinge  of  his  Majestycs  Collony  of  Rhode  Island,  &c,  shall  bo  justices 
of  the  peace,  and  therefore  by  the  power  given  vs  from  his  Majesty e,  wee 
order  and  appoynt  the  Governor  and  deputye  Governor  and  all  the  As- 
sistants of  the  sayd  Collony  for  the  time  being,  to  be  and  to  cxercicc  the 
authority  of  justices  of  the  peace  in  this  the  King's  Province,  and  to  doe 
whatever  they  thinke  best  for  the  peace  and  safety  of  the  sayd  Province, 
and  as  neare  as  they  can  to  the  English  lawes,  till  his  Majestycs  pleasure 
be  farther  knowne  therein;  and  in  matters  of  greater  consequence,  any 
seven  of  them,  whereof  the  Governor  or  deputye  Governor  shall  be  one, 
shall  be  a  Court  to  determine  any  businesse. 

Gfven  vnder  our  hands  and  seals  at  Warwicke,  April]  8th,  1GG5. 

ROBERT  CARR, 
GEORGE  CARTWRIGHT, 
SAMUELL  MAVERICK. 

Stcond  Order  from  the  Commissioners  to  the  Magistrates  of 
Rhode  Island  * 

Bo*ston,  August  2d,  1G65. 

Gentlemen : 

Whereas  at  our  being  at  Petusquamscutt,  wee  ordered,  that  all  the  in- 
habitants within  the  King's  .Province  of  Narragansett,  should  quit  the 
place  and  go  off  thence  by  the  end  of  September  next,  and  having  consid- 
ered the  time  limitted  is  too  short,  and  may  and  will  be  prejudiciall  to  the 
aforesaid  inhabitants,  wee  therefore  desire  and  order,  that  all  now  in  pos- 
session (or  who  heretofore  have  been),  may  remaine  in  quiett  posses- 
sion, of  whatever  formerly  they  had,  untill  the  King's  pleasure  be  further 
knowne,  and  wee  shall  alwayes  remayne, 

Your  loving  friends, 

ROBERT  CARR, 
SAM  CELL  MAVERICK. 
To  the  Justices  of  the  Peace  and  Magistrates  of  Rhode  Island,  ap- 
pointed by  us,  his  Majesties  Commissioners,  to  governc  and  regu- 
late the  King's  Province  untill  his  Majestycs  pleasure  bee  further 
»  knowne. 


*  From  J.  Carter  Brown's  Manuscripts,  Vol.  i.  No.  60. 


AND  PROVIDENCE  PLANTATIONS. 


95 


1664. 

Gentlemen : 

Tis  well  knowne  to  you  all  that  I  was  not  at  Petasquamscutt,  when  the 
former  order  was  granted,  hut  being  fully  informed  by  particular  advice 
from  Sir  Robert  Carr  and  Mr.  Samuell  Maverick,  of  the  necessity  of  my 
concurrence  with  them,  bee  pleased  to  take  notice,  that  I  do  by  these 
presents  joyne  with  them,  in  their  above  written  desire  and  order,  that 
all  now  in  possession  or  heretofore  have  been  in  possession  of  what  ever 
formerly  they  bad,  untill  his  Majestyes  pleasure  bee  further  knowne.  In 
confidence  of  your  complyance  to  this  present  regulation  by  his  Majes- 
ties Commissioners,  I  have  hereunto  sett  my  hand  and  scale,  this  15th 
day  of  September,  16G5,  in  Fort  James,  in  New  Yorke. 

RICHARD  NICHOLLS. 
To  the  Justices  of  the  Peace  and  Magistrates  of  Rhode  Island,  ap- 
pointed by  bis  Majestyes  Commissioners,  to  governe  and  regulate 
the  King's  Proviuce  untill  his  Majestyes  "pleasure  bee  further 
knowne . 

Third    Order  from  the    Commissioners   of  the  United 

Colonies* 

Whereas,  by  a  former  order,  bearing  date  March  20th,  1C64,  at  Pete- 
quomscut,  it  was  then  ordered ,  that  all  the  inhabitants  within  the  King's 
Province  of  Nanhyganset  should  quit  their  habitations  and  plantations  in 
the  month  of  September  following,  wo  have,  upon  serious  consideration, 
thought  fit  to  order  and  appoint,  and  by  these  presents  do  order  and  ap- 
point that  the  said  former  orders  shall  not  remain  in  force  ;  that  the  inhab- 
itants of  the  Kings's  Province  of  Nanhyganset  shall  rem'ain  in  quiet  and 
full  and  peacable  possession  of  all  their  lands  and  houses  and  possessions 
of  all  their  lands  and  houses  and  appurtenances,  until  his  Majesty's  plea- 
sure be  futher  known,  any  order  before  made  or  granted  to  the  contrary 
notwithstanding. 

Given  under  our  hands  and  seals,  the  15th  of  September,  1665. 

RICHARD  NICHOLLS, 
ROBERT  CARR, 
SAMUEL  MAVERICK. 


*  Hutchinson  Papers,  Mass.  Hist.  Coll.  3d  Ser.,  vol.  i.  p.  221. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Acts  and  Orders  of  the  GencraU  Assembly,  sitting  at  New- 
port, May  the  3,-1005. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  William  Brenton,  deputy  Governor. 


ASSISTANTS. 


Mr.  John  Coggeshall, 
Mr.  James  Barker, 
Mr  Joseph  Clarke, 
Mr.  William  Feild, 
Mr.  Thomas  Olnye, 


Mr.  Roger  Williams, 
Mr.  William  Baulston, 
Mr.  John  Sanfbrd, 
Mr.  Randall  Ilowldon, 
Mr.  Walter  Todd. 


DEPUTIES. 


Mr.  John  Clarke, 
Mr.  John  Card, 
Capt.  John  Cranston, 
Mr.  Edward  Smith, 
Mr.  John  Gould, 
Mr.  William  Weeden, 
Mr.  William  Carpenter, 
Mr.  Zachary  Rhodes, 
Mr.  James  Ashton, 
Mr.  Henry  Browne, 
Mr.  Samuell  Wilbore, 


Mr.  John  Briggs, 
Mr.  Robert  Hazard, 
Mr.  Phillipc  Sherman, 
Mr.  Samuell  Gorton, 
Mr.  John  Weekes, 
Mr.  Richard  Carder, 
Mr.  Edmund  Calverly. 

Added  for  Block  Island. 
Mr.  James  Sands, 
Mr.  Thomas  Terrey. 


The  choyce  for  the  yeare  following  are  these  : 
Mr.  Benedict  Arnold,  Governor,  chosen  and  engaged. 
Mr.  William  Brenton,  deputy  Governor,  chosen  and 
engaged. 

Mr.  John  Card,  Assistant,  chosen  and  engaged. 
Mr.  James  Barker,  Assistant,  chosen  and  engaged. 
Mr.  Edward  Smith,  Assistant,  chosen  and  engaged. 


AND  PROVIDENCE  PLANTATIONS.  97 

Mr.  William  Carpenter,  Assistant,  chosen  and  engaged.  1665. 
Mr.  Arthur  Fenner,  Assistant,  chosen  and  engaged.  ^^-^r 
Mr.  John  Browne,  Assistant,  chosen  and  engaged. 
Mr.  William  Baulston,  Assistant,  chosen  and  engaged. 
Mr.  Samuell  Wilbore,  Assistant,  chosen  and  engaged. 
Mr.  Randall  Howldon,  Assistant,  chosen. 
Mr.  John  Greene,  Assistant,  chosen  and  engaged. 
Joseph  Torrey,  Generall  Recorder,  chosen  and  engaged. 
Mr.  James  Rogers,  Generall  Sargent,  chosen  and  en- 
gaged. 

Mr.  John  Coggeshall,  Generall  Treasurer,  chosen  and 
engaged. 

Mr.  John  Easton,  Generall  Atornye,  chosen  and  en- 
gaged. 

Mr.  William  Dyre,  Generall  Solissiter,  chosen  and  en- 
gaged. 

The  Governor  chosen  Moderator. 

Joseph  Torrey,  Clarke  of  the  Assembly. 

Ordered,  that  this  following  shall  be  the  forme  for  en- 
gaging all  officers  in  this  Collony,  called  to  place  of  pub- 
licise concernment,  &c,  for  the  administering  of  justice, 
(viz.)  : 

Whereas,  you  are,  A.  B.,  by  the  free  vote  of  the  freemen 
of  this  Collony  of  Rhode  Island  and  Providence  Planta- 
tions, &c,  called  and  chosen  vnto  the  place  and  office  of 

 ,  in  the  said  Collony,  &c,  doe  sollemly  engage 

true  eleagance  vnto  his  Majestye,  his  heires  and  success- 
ors, to  beare,  and  in  your  said  office  equall  justice  and  right 
to  doe  vnto  all  persones  within  this  jurisdiction  to  the  vt- 
most  or  best  of  your  skill  and  ability  without  partiality,  ac- 
cording to  the  laws  established,  or  that  shall  be  established 
in  this  said  jurisdiction  ;*  and  this  engagement  you  make 
and  give  vpon  the  perill  of  the  penalty  of  perjury. 


*  At  the  General  Assembly,  May  the  1st,  1667,  these  words,  were 
voted  to  be  added,  viz. :  "  according  to  the  Charter." 

VOL.  TI.  13 


98  RECORDS  OF  THE  COLONV  OF  RHODE  ISLAND, 

1665.      The  reciprocal!  engagement  is  as  follows,  ordered  to  be 
v^»^>> given  by  he  that  takes  or  administers  the  abovesaid  en- 
agement. 

I  doe,  in  (he  name  and  behalfe  of  this  Collony,  &c,  re- 
»•  "«■»!•-  ingage  to  stand  by  you  and  to  support  you  by  all  due  as- 
officers.     sistance  and  incouradgment    in  your  performance  and 
execution  of  your  aforesaid  office  according  to  your  en- 
gagement. 

Ordered,  that  the  forme  of  engagment  aforesaid  shall  be 
vscd  vntill  further  order  ;  any  former  order  or  forme  vsed 
or  prescribed  to  the  contrary,  or  differing  herefrom  not- 
withstanding. 

Ordered,  that  what  Mr.  Calverly  hath  to  present  to  this 
Assembly,  shall  be  presently  read. 

There  being  somethinge  presented  vnder  the  hand  of 
Mr.  Edmund  Calverlye  in  answer  to  what  the  Court  pro- 
posed to  him  the  last  night  vpon  the  pervseall  thereof,  the 
Court  doe  determine  that  what  is  presented  doth  noe  way 
answer  what  was  expected. 

Whereas,  this  present  Court  hath  been  long  in  the  agi- 
Mr.  caiver-  tation  of  a  certaine  bill  or  petition  presented  by  Mr.  Ed- 

ly's  bill.  1  . 

mund  Calverly  to  the  Generall  Assembly  sitting  at  New- 
port, October  the  26,  106*4,  in  which  bill  or  petition  the 
said  Calverly  did  charge  Benedict  Arnold,  the  present 
Governor,  with  crimes  of  a  very  high  nature,  with  respect 
to  mal  administration  and  exicution  of  his  office,  and 
therevpon  the  said  Governor  did  earnestly  petition  the  As- 
sembly that  he  might  be  forthwith  brought  to  his  triall  in 
order  to  be  legally  either  acquitted  or  condemned  with  re- 
spect to  the  premises,  &c. 

And  this  present  Assembly  did  (as  in  justice  they 
were  bound)  require  the  said  Calverly  either  to  acknow- 
ledge his  error  in  soe  charging  the  Honored  Governor,  or 
else  to  proceed  to  make  out  his  charge  ;  and  forasmuch  as 
the  said  Calverly  did  not  come  forth  to  make  probation  of 
what  hee  had  charged,  although  hee  was  often  vrged 
thereto  with  hints  that  it  would  be  taken  for  granted  in 


♦ 


AND  PROVIDENCE  PLANTATIONS.  99 

case  hee  forbore,  though  hee  was  not  able  to  make  proofe  1665. 
of  the  things  charged.    Therefore,  this  present  Assembly  ^-"-^ 
doth  judge  that  the  aforesaid  Benedict  Arnold,  Governor, 
is  cleare  from  the  guilt  of  the  things  charged  vpon  him, 
and  thereupon  have  by  this  act,  of  the  aforesaid  charge 
fully  acquitted  him. 

Whereas,  the  Governor,  vpon  a  petition  referred  to  him 
by  his  Majestyes  most  Honorable  Commissioners,  sub- 
scribed Horod  Long,  hath  sent  for  the  partye  to  appeare 
before  this  Assembly  for  a  hearing,  and  the  partye  being 
present,  the  Court  doe  agree  to  heare  the  petitioner,  and 
the  matter  related  therein  before  they  hear  any  other 
matter. 

There  havin°;  been  much  debate  vpon  the  petition  of  ?or01* 

©  r  r  *  Long's  peti- 

Horod  Long,  alias  Gardener,  and  the  Court  having  demand- t,oa- 
ed  of  the  aforesaid  Horod  whether  she  worlld  returne  to 
George  Gardner  and  live  with  him  as  a  wife  ought  to  doe, 
her  plaine  and  absolute  answer  is,  that  to  accept  or  em- 
brace that  motion,  whatever  becomes  of  her  she  Would  not, 
but  sayes  she  was  at  the  Courts  pleasure  to  doe  with  her 
what  they  saw  good. 

And  the  answer  of  George  Gardener  was,  that  he  was 
free  to  accept  of  her  if  she  were  free,  and  did  desire  her 
to  returne,  notwithstanding  that  agreement  of  theirs  to 
live  apart. 

George  Gardener  being  called  before  the  Court,  and^0^  , 

o  o  »  Gardener's 

being  asked  whether  he  can  prove  that  ever  he  were  ac- eTidence- 
cording  to  the  manner  and  custom  of  the  place  married  ; 
to  that  hee  plainly  answers  that  he  cannot  say  that  ever 
hee  went  on  purpose  before  any  magistrate  to  declare 
themselves,  or  to  take  each  other  as  man  and  wife,  or  to 
have  their  aprcbation  as  to  the  premises. 

Robert  Stanton  being  called  before  the  Court,  and  being  ?ob'tstan- 

o  J  o  ton. 

asked  whether  hee  could  informe  the  Court  whether  hee 
knew  that  ever  George  Gardener  and  Horod,  his  reputed 
wife  were  ever  married  according  to  the  custom  of  this 
place  ;  to  which  hee  answered  that  hee  knew  noe  other 


100 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G65.  marridge,  but  onlye  one  night  being  at  his  house  both  of 
■^-^^  them  did  say  before  him  and  his  wife  that  they  did  take 
one  the  other  as  man  and  wife. 

Whereas  vpon  the  inquiry  into  and  finding  the  true 
state  of  the  offence  committed  by  George  Gardener  and 
Ilorod,  that  was  once  the  wife  of  John  Kicks,  that  lived 
in  Newport,  on  Rhode  Island,  twenty  or  more  yeares 
agoe,  and  being  very  sensible  that  some  present  course  be 
taken  to  correct  and  put  a  stop  to  the  said  offence,  and 
the  Governor  considering  the  weight  of  the  cause  as  it  is 
circumstantiated  both  to  the  nature  of  the  crime,  and  the 
declaration  thereof  in  writing  by  the  said  Horod,  in  a  pe- 
tition to  the  Right  honourable  his  Majestyes  Commission- 
ers, Sir  Robert  Carr,  Knight,  Colonell  George  Cartwright 
and  Samuell  Maverick,  Esquires  ;  and  the  reference  made 
by  their  hono«rs  therevpon  vnto  the  Governor,  &c,  he 
therefore  mouing  it  to  this  Assembly  for  the  more  sol- 
lemne  and  sound  judgment  vpon  the  matter.  That  the 
Assembly  as  consisting  of  magistrates  and  deputyes  will 
please  to  proceed  vnanimously  to  passing  a  positive  sen- 
tence or  sentences  accordingly  therecn  ;  and  it  being  put 
to  the  vote  by  the  Governor ;  the  Assembly  doe  by  a 
cleare  vote  declare  that  judgment  shall  passe  on  the  said 
matter  by  the  vote  or  votes  of  the  Assembly,  consisting  of 
magistrates  and  deputyes,  as  is  before  expressed,  being 
the  law  making  Assembly  of  this  jurisdiction,  by  his  Maj- 
estyes Commission  or  letters  pattents,  vnder  the  broad 
seale  of  England,  &c. :  being  the  forementioned  petition 
hath  been  presented  and  pervsed  by  this  Assembly,  and 
found  to  be  a  very  large  grownd  to  proceed  against,  the 
notorioues  practice  therein  confesed  and  intimated.  The 
Assembly  doe  order  that  the  petition  and  reference  there- 
on be  entered  on  record  in  the  next  place  after  this  order 
and  the  originall  returned  to  the  Governor. 

The  humble  remonstrance  and  petition  of  Horod  Long  to 
the  Right  honorable  Sir  Robert  Carr,  Colonall  Cartwright, 


* 


AND  PROVIDENCE  PLANTATIONS. 


101 


Mr.  Samuell  Maverick,  his  Majesty  es  Commissioners,  16G5. 
Charles  the  Second,  Kino-  0f  Enffland,  Scotland,  France  "^7*" 

'  °  '  The  petitioi 

and  Ireland,  humbly  sheweth  :  whereas,  I  was  vpon  the  ^d°[oni 
death  of  my  father  sent  to  London  by  my  mother  in  much 
sorrow  and  griefe  of  spiritt,  and  there  taken  by  one  John 
Hickes  vnknowne  to  any  of  my  friends,  and  by  Ihe  said 
Hickes  privately  married  in  the  vnder  Church  of  Paules, 
called  Saint  Faith's  Church,  and  in  a  little  while  after,  to 
my  great  griefe,  brought  to  New  England,  when  I  was 
betweene  thirteene  and  fourteene  years  of  age,  and  lived 
two  yeares  and  halfe  at  Way  mouth,  twelve  miles  from  Bos- 
ton ;  and  then  came  to  Rhode  Island  about  the  yeare 
1640  ;  and  there  lived  ever  since,  till  I  came  heare  to 
Pettecomscott.  Not  long  after  my  coming  to  Rhode  1st 
land,  there  happened  a  difference  betweene  the  said  John  . 
Hickes  and  myselfe,  soe  that  the  authority  that  then  was 
vnder  grace,  saw  cause  to  part  vs,  and  ordered  I  should 
have  the  estate  which  was  sent  mee  by  my  mother,  deliv- 
ered to  me  by  the  said  John  Hickes  ;  but  I  never  had  it, 
but  the  said  John  Hickes  went  away  to  the  Dutch,  and 
carried  away  with  him  most  of  my  estate  ;  by  which 
meanes  I  was  put  to  great  hardshipe  and  straight.  Then 
1  had  thought  to  goe  to  my  friends*  but  was  hindered  by 
the  warres,  and  the  death  of  my  friends.  My  mother  and 
brother  loosing  their  lives  and  estates  in  his  Majestyes 
service,  and  I  being  one  not  brought  vp  to  labour,  and 
young,  knew  not  what  to  doe  to  have  something  to  live, 
having  noe  friend  ;  in  which  straight  I  was  drawne  by 
George  Gardener  to  consent  to  him  soe  fare  as  I  did,  for 
my  mayntainance.  Yett  with  much  oppression  of  spiritt, 
judging  him  not  to  be  my  husband,  never  being  married  to 
him  according  to  the  law  of  the  place  :  alsoe  I  told  him 
my  oppression,  and  desiered  him,  seeing  thathee  had  that 
little  that  I  had,  and  all  my  labour,  that  hee  would  alow 
mee  some  maintainance,  either  to  live  apart  from  him,  or 
else  not  to  meddle  with  mee  ;  but  hee  has  alwayes  re- 
fused.   Therefore,  my  humble  petition  to  your  honours  is, 


i02 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1665.  that  of  that  estate  and  labour  hee  has  had  of  mine,  hee 
v-^v-w'  may  alow  it  mee  ;  and  that  the  house  vpon  my  land  I  may 
enjoy  without  molestation,  and  that  hee  may  alow  mee  my 
child  to  bring  vp  with  maintainancc  for  her,  and  that  hee 
may  bee  restrained  from  ever  meddling  with  me,  or  troble- 
ing  mee  more.  Soe  shall  your  poore  petitioner  ever  pray 
for  your  honours  peace  and  prosperity. 

HOROD  LONG. 
Wee  desire  you  would  take  this  petition  into  your  con- 
consideration,  and  doe  justice  to  the  poore  petitioner  ac- 
cording to  the  best  of  your  judgment. 

Given  under  our  hands  the  20  of  March,  1664,  at  Pet- 
acomscott. 

ROBERT  CARR, 
GEORGE  CARTWRIGHT, 
SAMUELL  MAVERICK. 
To  Benedict  Arnold,  Esquire,  Governor  of  his  Majes- 
ty es  Collony  of  Rhode  Island,  and  Providence 
Plantations. 

Whereas,  Horod  Long,  heretofore  the  wife  of  John 
orh'hree9cu^rtIIickes,  and  since  the  reputed  wife  of  George  Gardener 
Horod  Long,  of  Newport,  in  Rhode  Island,  by  a  petition,  presented 
vnto  the  Right  honourable  his  Majestyes  Commissioners, 
did  most  impudently  discover  her  owne  nakedness  by  de- 
claring therein  vnto  their  honours,  that  although  she  had 
lived  for  a  long  space  of  time  with  the  aforesaid  Gardener 
as  in  a  married  estate,  and  had  owned  him  as  her  lawfull 
husband,  yett  she  was  never  lawfully  married  to  him, 
neither  could  owne  him  in  such  a  relation,  and  soe  conse- 
quently that  she  had  lived  all  this  time  in  that  abominable 
lust  of  fornication,  contrary  to  the  generall  apprehension 
of  her  neighbors,  she  haveing  had  by  the  aforesaid  Gard- 
ener many  children  :  and  whereas  it  hath  pleased  the 
Right  honourable  Commissioners  to  refer  the  aforesaid  pe- 
tition vnto  the  care  of  our  honoured  Governor,  who  hath 
alsoe  requested  the  assistance  of  this  present  Generall  As- 


AND  PROVIDENCE  PLANTATION? 


sembly  in  tbe  examination,  and  for  the  full  issuing  of  the  1665 
matter  relatine;  thereto  :  wee  have  accordingly  taken  the  v 
matter  into  our  serious  consideration,  and  vpon  dilligent1 
search  have  found  it  to  be  even  soe  as  the  abovesaid 
Horod  hath  declared,  and  that  by  the  confession  alsoe  of 
the  aforesaid  Gardner,  soe  that  that  horrible  sin  of  vn- 
cleannes  in  which  they  had  lived  for  the  space  of  eighteen 
or  twenty  yeares  together,  and  had  vnder  the  covert  of 
pretended  marridge  (owning  each  other  as  man  and  wife), 
being  now  and  not  before,  by  her  owne  acting  and  con- 
fessiones  brought  to  light  and  most  shamefully  expressed 
to  the  publicke  view,  to  the  extreme  reproach  and  scan- 
dall  of  this  jurisdiction  ;  therefore  this  present  Assembly 
laying  to  heart  the  fowlness  of  the  aforesaid  sin,  and 
manifesting  their  great  abhorrence  and  detestation  of  such 
licke  practices,  doe  order  as  a  mult,  far  inferiour  to  their 
demerrits,  that  the  aforesaid  George  Gardener  and  Horod 
Long  shall  pay  or  cause  to  be  paid  into  the  publicke  treas- 
ury the  summe  of  twentye  pounds,  each  of  them,  be- 
tweene  the  sitting  of  this  present  Court,  and  the  first  day 
of  the  Court  of  Trialles,  sitting  in  October  next  ensuing  ; 
and  in  case  the  aforesaid  summe  or  summes  be  not  paid 
by  the  day  prefixed,  that  then  it  shall  be  lawfull  for  the 
Governor  or  deputye  Governor  to  grant  forth  an  exicution 
to  the  Generall  Sargant  to  distraine  the  said  twentye 
pounds  a  piece  on  each  of  their  estates,  and  that  the 
Generall  Sargant  shall  take  besides,  two  shillings  vpon  the 
pound  for  his  labour  for  all  that  he  takes  thus  vpon  de- 
straint,  which  summes  are  by  him  lyckwise  forthwith  paid 
into  the  treasury.  And  farther  it  is  ordered  by  this  present 
Assembly  and  the  authority  thereof,  that  the  aforesaid 
Gardner  and  Hnrod  are  hereby  straightly  required  that 
from  henceforth  they  presume  not  to  lead  soe  scandolose  a 
life,  lest  they  feel  the  "extreamest  penalty  that  either  is  or 
shall  be  provided  in  such  cases. 

And  for  preventing  such  mischiefes  for  the  future,  and 
u  order  to  present  a  more  certain  manner  and  forme  in 


KM 


RECORDS  OK  THE  COLONY  OF  RHODE  ISLAND, 


1GC5.  proceedings  in  the  accomplishing  and  solemnising  of  that 
~"^-/most  honourable  aet  of  marriage. 

The  Assembly  doe  by  this  present  act  order  and  de- 
ofmM-ciare,  that  the  law  to  that  end  made  at  a  Court  in  May,  in 
the  year  1G47,  shall  be  punctually  observed  throughout 
this  jurisdiction,  and  alsoe  that  any  and  all  other  orders 
made  since  in  this  Collony,  as  relating  to  the  said  law  of 
marriage  wherein  the  order  and  way  of  publicationes  or 
recording  of  marriages  are  prescribed,  be  alsoe  observed 
and  that  the  said  law  and  orders  be  the  more  duely  mind- 
ed and  observed  by  all  persones  within  this  jurisdiction  : 
It  is  ordered  and  declared  by  this  Assembly  and  the  au- 
thority thereof,  that  besides  the  penalty  or  penaltyes 
[annexed]  to  the  foresaid  law  or  orders  in  case  of  non- 
obsearvance  thereof,  there  shall  be  a  farther  penalty 
henceforth  in  such  case  inflicted  on  persons  that  shall 
otherwise  presume  to  marry  or  live  together  as  man  and 
wife.  That  is  to  say,  they  shall  be  proceeded  against 
and  punished  as  for  fornication,  and  that  from  time  to 
time,  or  from  one  Generall  Court  of  Trialles  to  another, 
vntill  they  shall  either  live  apart  or  observe  the  rule  pre- 
mised and  prescribed  in  the  aforesaid  law  and  orders. 

Yett  nevertheless,  it  is  hearby  to  be  vnderstood  that 
any  persones  now  living  within  the  confines  expressed  in 
our  late  Charter  given  by  his  Majesty  to  this  Collony,  and 
that  are  reputed  to  live  together  as  man  and  wife  by  the 
common  observation  or  account  of  there  neighbours  before 
this  act  was  passed,  shall  not  come  vnder  any  of  the 
censures,  fines  or  penaltyes  in  any  of  the  fore  premised 
acts  or  orders,  or  in  this  present  [order]  concearning  mar- 
riages contained  or  expressed,  however  there  may  have 
been  some  neglect  of  the  due  observation  of  the  rules  and 
directiones  to  that  end  therein  contained  and  prescribed  ; 
which  though  the  severall  alterationes,  interruptiones  or 
other  overturne  in  this  jurisdiction,  hath  on  sundry  occa- 
siones  happened  heretofore  ;  neither  shall  any  person, 
whether  man  or  woman  soe  reputed,  now  or  having  lived 


AND  PROVIDENCE  PLANTATIONS. 


10 


■as  married,  though  not  haveing  obsearved  punctually  the  1G65. 
rules  prescribed,  take  any  advantage  thereby  to  leave 
either  such  wife  or  such  husband  ;  neither  shall  the  chil- 
dren of  such  be  reputed  ilegittimate,  but  all  such  reputed 
niarridges  formerly  made  and  not  hitherto  detected,  or 
complained  against  by  a  due  processe  of  law,  or  allready 
by  the  Assembly  disannulled  or  punished,  shall  be,  and  are 
by  the  authority  of  this  Assembly  deemed  to  be  good,  firme 
and  authentick  to  all  intents  and  purposes,  as  if  every  such 
marriadge  were  made  according  to,  or  persones  soe  re- 
puted or  living  together,  as  man  and  wife,  in  the  observa- 
tion of  the  neighbours,  bad  fully  and  duly  observed  the 
rules  and  punctillioues  in  the  former  lawes,  acts  or  orders 
before  intended,  expressed  or  contained  ;  and  this  act  to. 
be  authenticke  to  all  intents  and  purposes  premised,  any 
former  law,  acts  or  orders,  clawes  or  claweses,  in  the  said 
law,  act  or  order  to  the  contrary  heareof,  in  any  wise  not- 
withstanding. 

And  farther,  be  it  enacted  by  this  Assembly  and  the^"^01 
authority  thereof,  that  whereas  by  a  law  made  at  a  Court 
in  May,  1G57,  against  fornication,  the  penalty  for  the 
same  act  of  fornication,  is  whipping  with  fifteene  stripes, 
or  a  fine  of  fortye  shillings  for  the  first  offence  ;  and  in 
case  of  a  second  offence,  twice  whipping  or  a  fine  of  fowre 
pound,  &c:  from  henceforth  it  shall  be  at  the  discretion 
of  the  justices  on  the  bench  in  such  cases  to  give  sentence 
of  whippinge  or  of  fining  the  partyes  or  either  partye 
convicted  of  fornication,  not  exceeding  the  said  number  of 
stripes  for  the  first  offence,  nor  the  number  of  times  and 
stripes  at  each  whipping  for  the  second  offence  ;  but  as  to 
fining  any  such  offender,  it  shall  be  at  the  discretion  of  the 
justices  in  Court  to  impose  such  a  mult  or  fine  as  they  see 
cause,  considering  the  quallity  of  the  person  convicted. 
Provided,  that  not  lesse  than  forty  shillings  for  the  first, 
nor  lesse  than  fowre  pound  for  the  second  offence  be  im- 
posed, any  law  or  clawes  in  the  premised  law  made  in  May, 
1657,  to  the  contrary  notwithstanding. 

VOL.  II.  14 


i  00  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1665.      Ordered,  that  Mr.  Edmund  Calvcrlys  petition  be  read, 
v-^v-wand  the  reference  thereon  be  taken  into  consideration  in 
this  Assembly. 

Ordered,  that  William  Harris  and  Mr.  Calverly  be 
wm.Tian'u  called  into  Court  to  have  the  Courts  mind  made  knownc 

nnd  John  . , 

Horod.      to  them. 

Edmund  Vpon  a  petition  of  Mr.  Edmund  Calverly  to  the  honour- 
caiveriy.  ^Q  c 0 m m issioct e rs  and  their  referring  it  to  this  Assembly, 
and  considering  that  in  the  petition,  and  in  a  paper  pre- 
sented by  William  Harris,  to  the  Assembly,  are  expres- 
sioncs  much  vrging  vpon  and  some  reflecting  vpon  the 
Governor  and  highest  of  this  Collony  Courts,  which  doth 
in  a  sort  render  this  Court  not  soe  clearly  vnconcearned  as 
freely  to  heare  the  matter  complained  of,  haveing  at  va- 
rious times  had  the  hearing  of  the  difference  betweene  the 
partyes  :  whereupon  the  Assembly  have  made  these  pro- 
posalles  vnto  the  said  Harris  and  Calverly. 

First,  vrging  them  for  peace  to  pitch  vpon  some  friends 
to  compromise  the  difference.  Or 

Secondly,  the  Court  to  choose  some  persones  for  that 
end  by  their  aprobation.  Or 

Thirdly,  that  they  will  joyntly  and  humbly  pray  the 
honorable  Commissioners  to  heare  the  cause  or  appoint 
some  indifferent  persones  to  heare  it,  and  give  their 
judgments  thereon,  and  soe  refering  it  to  the  finall  confir- 
mation of  the  honourable  Commissioners. 

To  which  three,  seeing  they  doe  not  joyntly  agree  to  any 
one  of  them  for  some  reasones  given  in  writting,  but  come 
nearest  to  the  last  of  the  three,  to  witt :  to  refer  it  to 
their  honours,  on  directly  requesting  it,  and  the  other 
praying  that  all  expedition  may  be  vsed  therein,  if  that 
be  thought  the  best  way.  Therefore,  the  Court  doe,  for 
'  the  reasons  abovesaid,  humbly  returne  them,  and  refer  the 
matter  to  their  honours  most  absolute  determination,  de- 
sireing  their  honours  to  weigh  the  grownds  of  soe  doeing, 
which  is  a  deep  sence  that  it  cannot  be  soe  well  done  by 


« 


AND  PROVIDENCE  PLANTATIONS. 


%  107 


the  Assembly,  it  having  passed  soe  many  Courts  alredy  in  1G65. 
this  Collony,  &c.  1-^r*r^ 

Farther,  it  is  ordered  by  this  present  Assembly,  that  a™^*" 
transcript  of  the  abovesaid  order,  together  with  a  coppie  of referrcd- 
Edmund  Calverlyes  said  petition,  and  the  reference  there- 
vpon  made  by  the  honourable  Commissioners,  with  a  cop- 
pie  of  "William  Harris'  petition  to  the  Assembly  the  5th 
instant ;  as  alsoe  a  coppie  of  each  their  answers  to  the 
Court  the  11th  and  12th  instant,  be  altogether  sealed  vp 
,  and  delivered  to  the  Right  honourable  Sir  Robert  Carr, 
Knight,  Coronall ;  George  Cartwright  and  Samuell  Mav- 
erick, Esquires,  &c,  and  delivered  into  the  hands  of  Ed- 
mund Calverly  to  be  speedily  convayed  as  directed,  with 
a  charge  safely  to  convay  it,  and  that  all  such  writtings  or 
coppies  of  them  as  are  in  the  Recorders  hands  concearn- 
ing  the  difference,  be  delivered  to  the  respective  persones 
Harris  and  Calverly,  they  desireing  the  same  for  making 
out  their  severall  pleas. 

There  having  been  much  debate  vpon  a  petition  of  Mr.  ^™  D>re' 
William  Dyre,  presented  by  him  to  the  honourable  his 
Majestyes  Commissioners,  and  by  them  referred  to  the 
Governor  and  Generall  Assembly,  &c.  It  is  ordered,  that 
Mr.  "William  Dyre  be  called  before  the  Court,  and  have 
the  sence  of  the  Court  declared  to  him  (viz  ) :  that  Mr. 
Dyre  doe  forthwith  make  a  recantation  vnder  his  hand  of 
the  wrongs  that  hee  hath  done  the  Collony  in  that  he  hath 
presented  under  his  hands  to  the  Commissioners,  or  other- 
wise the  Court  are  resolved  to  make  their  humble  petition 
to  the  Right  honourable  Commissioners  for  a  hearing,  that 
soe  before  them  the  Court  may  cleare  themselves  from 
those  scandalles  that  are  cast  vpon  them  in  the  said  peti- 
tion. 

Ordered,  that  Mr.  William  Dyre  hath  liberty  vntill  to 
morrow  to  give  in  his  answer,  &c. 

Whereas  the  Court  have  seene  a  petition  presented  by 
Mr.  William  Dyre  vnto  the  honourable  his  Majestyes 


108  , 


RECORDS  6t  THE  COLONY  OF  RHODE  ISLAND, 


1665.  Commissioners  for  New  England,  wherein  having  reflected 
vpon  the  Gencrall  Assembly  or  Chiefe  Court  of  this  juris- 
diction, which  this  Assembly  resenting  as  most  dishonora- 
ble and  dangerouse  to  the  Government ;  and  having 
convicted  Mr.  Dyre  of  his  precipitate  and  rash  attempt 
therein,  as  by  his  acknowledgment  given  into  the  Court 
in  writting,  it  doth  appeare  as  followeth,  being  recorded 
by  order  of  the  Assembly  (viz.)  : 

To  the  honoured  the  Generall  Assembly  for  the  Collony  of  • 
Rhode  Island,  &c,  now  sitting  at  Newport,  this  13th 
of  May,  1665. 

The  application  and  humble  addresses  of  William  Dyre 

Th«  pciition  sheweth  : 

of  lTm,  Dyre 

That  whereas  by  a  petition  lately  presented  to  his  Maj- 
estyes  Right  honourable  Commissioners,  some  reflectiones 
or  charges  were  vnadvisedly  cast  vpon  this  honoured  As- 
sembly by  the  said  petition,  which  by  them  is  taken  very 
offensive  ;  though  truly  it  was  not  the  intent  of  the  peti- 
tioner  in  the  least  measure  to  assperse  any,  much  lesse 
the  authority  by  his  Majestye  in  this  place  established, 
&c.  The  petitioner  doth  really  acknowledge  his  offence 
therein,  and  doth  crave  pardon  for  this  his  transgression, 
hoping  that  as  you  are  seated  in  the  place  of  justice,  soe 
you  will  be  pleased  to  extend  your  mercy  and  to  pardon 
the  failing  of  him  in  this  respect,  being  anxiously  desirous 
to  walke  inoffensive  to  all  ;  and  as  this  is  his  first  trans- 
gression of  this  kind,  soe  I  hope  and  shall  indever  that  it 
shall  be  the  last ;  and  therefore  humbly  prayeth  this  slipe 
may  not  be  any  impediment  vnto  the  justice  of  his  cause 
recommended  by  the  Right  honourable  Commissioners  vn- 
to your  judicioues  wisdomes,  and  your  petitioner  shall  re- 
maine  as  he  is,  your  humble  supplicant. 

"WILLIAM  DYRE. 

The  Court  doe  freely  passe  by  and  pardon  his  said  of- 
fence, hoping  as  hee  hath  promised,  hee  and  all  others 


AND  PROVIDENCE  PLANTATIONS. 


109 


will  be  more  circumspect  for  the  future,  and  doe  order  1665. 
that  his  said  acknowledgment,  together  with  his  petition  V*"'**' 
above  premised,  be  returned  to  the  Right  honourable 
Commissioners,  or  coppies  thereof. 

And  farther,  whereas  a  reference  on  his  said  petition  isTbe,<*^- 

»  r  ence  of  the 

by  the  honourable  Commissioners  returned  to  this  Court, S^a^Mr 
dated  March  11th,  1661,  wherein  the  Court  mind  that Cvdding!un- 
their  honours  pleasure  is,  that  justice  be  done  to  the  peti- 
tioners, &c,  and  observing  that  his  [charge]  is  against  the 
jury,  and  therefore  conceive  the  jury  ought  to  be  summon- 
ed to  a  hearinge,  and  that  not  being  possible  to  be  done 
in  this  sessiones  of  the  Assembly,  the  Court  therefore  re- 
ferring, the  tearing  of  the  cause  and  causes  as  it  relateth 
to  the  plaintiffe  and  defendant,  wbich  weare  at  first  Mr. 
Coddington  and  Mr.  Dyre,  as  it  seemeth  ;  as  alsoe  as  it 
may  relate  to  the  jury  that  brought  in  verdict  or  verdicts 
thereon,  who  will  impliedly,  if  not  clearly  be  censured  or 
acquitted  by  a  determination  or  judgment  on  the  said 
cause  or  causes  ;  the  Court  as  aforesaid,  doe  therefore  refer 
the  farther  hearing  thoreof  to  the  Generall  Assembly  to  be 
holden  in  October  next,  Mr.  Dyer  thereto  freely  assent- 
ing ;  provided  exicution  bee  as  it  is  hearby  stopped.  But 
withall  it  is  ordered,  that  he  that  was  plaintiffe  in  each 
the  said  causes  doe  pay  the  fees  due  to  the  officers  of 
Court  for  the  present  till  a  full  issue  be  had  in  the 
premises. 

And  for  a  more  certainty  that  a  hearing  mav  be  as  The  rehear- 

*  icg  thereon. 

abovesaid,  the  Court  desire  that  the  Governor,  or  in  his 
absence  the  deputy  Governor  will,  one  month  before  the 
said  Assembly  sitting,  summones  in  all  jurymen  con- 
cearned  to  appear  there,  as  alsoe  Mr.  Coddington  and  Mr. 
Dyre,  except  Mr.  Dyre  in  the  mean  time  make  it  appeare 
to  the  Governor,  &c,  by  cognizable  instrument  in  writting 
that  the  matter  is  otherwise  taken  vp,  composed  and  end- 
ed, to  the  content  of  all  concearned  ;  and  to  that  end,  the 
Recorder  shall  spedily  give  a  coppie  of  this  order  to  the 


no 


RECORDS  OK  THE  COLONY  OF  RHODE  ISLAND, 


1GG5.  Governor,  together  with  a  list  of  the  actiones,  juriours  and 
v-*^v-w  partyes  concearned  ;  and  seeing  their  honours  his  Majes- 
tyes Commissioners  expect  a  briefe  account  hearof,  that 
Theproposi-the  Governor  be  requested  to  doe  the  same, 
foumii         Whereas;  the  will  and  pleasure  of  his  Rnyall  Majestye 
BionerB.      onr  Sovcraigne  Lord  the  King  is  declared  vnto  this  Generall 
Assembly,  vnder  the  hands  of  his  honourable  Commission- 
ers, ami  heare  presented  by  the  Governor,  consisting  in  fivo 
pertickelarcs  being  as  found  and  recorded  in  the  generall 
records  by  order  of  the  Generall  Assembly. 


It  is  his  Majestyes  will  and  pleasure, 

1.  That  all  householders  inhabiting  this  Collony  take 
the  oath  of  alleagence,  and  the  administration  of  justice 
be  in  his  Majestyes  name. 

2.  That  all  men  of  competante  estates  and  of  civill 
conversation,  who  acknowledge  and  are  obediante  to  the 
civill  magistrate,  though  of  differing  judgments,  may  be 
admitted  to  be  freemen,  and  have  liberty  to  choose  and  to 
be  choosen  officers  both  civill  and  [military]. 

3.  That  all  men  and  women  of  ortherdox  oppinnione, 
competent  knowledge,  and  civill  [lives],  who  acknowlidge 
and  are  obediante  to  the  civill  magistrate,  and  are  not 
scandalous,  may  be  admitted  to  the  Sacrament  of  the 
Lords  Supper,  and  their  children  to  Baptisume,  if  they 
desire  it;  either  by  admitting  them  into  the  congrega- 
tiones  alredy  gathered,  or  permitting  them  to  gather 
themselves  into  such  congregationes  where  they  may  en- 
joy the  benefit  of  the  Sacraments,  and  that  difference  in 
opinnion  may  not  break  the  bands  of  peace  and  charritye. 

4.  That  all  lawes  and  expressiones  in  lawes  derogatory 
to  his  Majestye,  if  any  such  have  bene  made  in  these  late 
troublesome  times,  may  be  repealed,  altered,  and  taken  off 
[the  statute  book]. 

5.  That  this  Collony  be  put  in  such  a  posture  of  de- 
fence, that  if  there  should  be  any  invasion  vpon  this  Island 


AND  PROVIDENCE  PLANTATIONS. 


Hi 


or  elsewhere  in  this  Collony  (which  God  forbid),  you  16G5. 
[may  in]  some  measure  be  in  a  readines  to  defend  your-  ^-^^ 
selves  ;  or  if  need  be,  to  relieve  your  [neighbours]  accord- 
ing to  the  power  given  you  by  the  King  in  your  Charter, 
and  to  vs  in  this  commission  and  instruction. 

ROBERT  CARR, 
GEORGE  CARTER. 
To  the  Governor,  or  deputy  Governor,  Assistants  and 
freemen  of  the  Collony  of  Rhode  Island  and  Provi- 
dence Plantationes. 

Wherevpon,  and  in  a  deep  sence  of  his  Majestyes  most 
Royall  and  wonderfull  grace  and  favour  more  pertickelerly 
and  at  large  expresed  in  his  gracious  letters  pattents, 
lately  given  and  granted  vnto  this  Collony,  in  which  is 
expresed  and  declared  his  Majestyes  espetiall  and  tender 
care  and  indulgance  extended  to  tender  consiences,  differ- 
ing in  matters  of  religious  worshipe  and  concearnments  ; 
and  more  especially  in  matters  of  formes  of  oathes,  and 
cerimonyes  or  circomstances  relating  therevnto,  giving 
and  granting  to  this  Corporation  power  to  give  and  take 
such  engagements  as  they  shall  thinke  fitt,  being  ordered 
by  the  Generall  Assembly  of  this  Collony,  not  contrary  to, 
but  as  neare  the  lawes  and  customes'of  England,  as  the 
constitution  of  the  place  will  admitt :  considering  therein 
the  liberty  of  concience  therein  granted. 

The  Assembly  doe  with  one  consent,  acknowledge  with 
all  humble  thankfullnes  the  most  tender  respect  and  care 
by  his  Royall  Majestye  expresed  in  the  said  Royall  Char- 
ter, as  alsoe  in  these  five  proposalles  for  the  good  and  well- 
fare  of  this  his  Majestyes  Collony  ;  and  therefore,  in  all 
cheerfull  obediance  to,  and  observation  of  the  premises, 
and  therein  minding  the  preveledge  granted  to  tender  con- 
ciences,  doe  in  the  first  place  order  and  declare  :  that 
whereas  in  this  Collony  it  hath  ben  alwayes  accounted  and 
granted  a  liberty  to  such  as  make  a  scruple  of  swearing 


- 


112  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1605.  and  taken  an  oath,  that  in  stead  thereof  they  shall  engage, 
v^-v-**-'  vnder  the  penalty  of  false  swearing,  though  they  sweare 
not  in  publicise  engagement,  as  well  as  if  they  did  sweare, 
that  therefore  this  most  loyall  and  resonable  engagment  be 
given  by  all  men  capable  within  this  jurisdiction  for  there 
alegiance  to  the  King,  &c. 

The  forme  of  which  engagement  shall  be  as  fol- 
loweth  : 

You,  A.  B.,  sollcmly  and  sincearly  engage  true  and 
uXi'fiil"1  faithfull  aleagiance  vnto  his  Majesty e  Charles  the  Second, 
poitony.  King  of  England,  his  heires  and  successors,  to  beare  and 
due  obediance  vnto  the  lawes  established,  from  time  to 
time  in  this  jurisdiction,  to  ycald  vnto  the  vtmost  of  your 
power,  according  to  the  previlidge  by  his  said  Majesty 
granted,  in  rcligioues  and  civill  concearnmcnts  to  this 
Collony  in  the  Charter ;  which  said  engagment  you  make 
vnder  the  perrill  and  penalty  of  perjury. 

And  for  the  more  cartaine  and  serioues  takeing  the 
foresaid  engagment,  the  Generall  Assembly  doe  order,  en- 
acte  and  declare  by  vertue  of  the  aforesaid  authority  to 
them  given,  that  the  foresaid  engagement  shall  be  admin- 
istred  to  all  that  are  allredy  admitted  freemen  within  this 
jurisdiction,  either  now  in  this  Assembly,  or  in  a  towne 
meetting  of  each  the  respective  townes  of  this  Collony  ; 
and  to  that  end  all  such  [are  to]  be  warned  into  the  next 
towne  meeting  in  the  towne  where  they  live,  there  to  give 
the  said  engagement  before  the  chiefe  magistrate  presant  at 
the  said  meeting  or  Assembly ;  and  such  as  live  in  out  of  the 
places  within  this  jurisdiction  to  be  summoned  in  to  give 
way  the  said  engagement  before  the  Governor,  deputy  Gov- 
ernor, or  one  Assistant,  before  the  time  of  sitting  of  the 
Gennerall  Assembly  to  be  held  in  this  Collony  and  juris- 
diction, in  October  next ;  and  if  any  thereto  called,  refuse 
or  neglecte  to  give  the  said  engagement,  they  and  every 
such  shall  loose  the  previledge  of  freemen  or  of  a  freeman 
pf  this  Corporation  in  voting  for  magistrates,  deputyes  or 


* 


AND  PROVIDENCE  PLANTATIONS.  113 

other  thinges  to  them,  as  to  freemen  only  and  especial-  1665. 
ly  belonging,  vntill  they  or  hee  soe  refuseing  doe  give  the  ^-^-^ 
engagement  premised. 

And  farther,  it  is  enacted  and  declared  by  the  authority 
aforesaid,  that  noe  man  that  is  not  yett  admitted  a  freeman 
of  this  jurisdiction,  shall  be  admitted  thereto  before  hee 
have  given  the  foresaid  engagement  as  before  prescribed  ; 
and  it  is  ordered,  that  the  said  engagement  be  taken  of, 
or  administered  to  all  men  inhabiting  or  abiding  in  this  ju- 
risdiction that  are  householders,  or  aged  eighteene  or  * 
more  ;  and  the  names  of  such  as  take  the  engagement  as 
aforesaid  are  to  be  returned  by  the  Towue  Clarke  or  mag- 
istrate, &c,  to  the  Gennerall  Recorder  to  be  recorded. 

And  farther  this  Assembly  in  a  due  sence  of  his  Majes- 
tyes  gracious  favour  vnto  this  Collony,  in  the  second  of 
those  five  above  written  proposalles  ; 

Doe  order  and  declare,  that  soe  many  of  them  that  take  Answer  to 

•>  second  pro- 

thc  aforesaid  engagement  and  are  of  competent  estates, po,a!s- 
civill  conversation,  and  obediant  to  the  civill  magistrate, 
shall  be  admitted  freemen  of  this  Collony  vpon  their  ex- 
prese  desire  therein  declared  to  the  Generall  Assembly, 
either  by  themselves  with  sufficient  testimony  of  their  fitt- 
nes  and  qualificationes  as  shall  by  the  Assembly  be  deemed 
satisfactory  ;  or  if  by  the  chiefs  officer  of  the  towne  or 
townes  where  they  live,  they  be  proposed  and  declared  as 
aforesaid  ;  and  that  none  shall  have  admission  to  vote  for 
publicke  officers,  or  deputyes,  or  enjoy  any  priviledge  of 
freemen  till  admitted  by  the  Assembly  as  aforesaid,  and 
their  names  recorded  in  the  gennerall  records  of  this 
Collony. 

And  farther  as  to  the  third  proposall  wherein  his  most 
Royall  Majestyes  gracious  tenderness  to  differing  opin- 
nianes  in  religious  matters  is  declared. 

This  Assembly  doe  with  all  gladnes  of  heart  and  h  Um-  Answer  to 
blenes  of  mind  acknowledge  the  great  goodness  of  Godi,osal- 
and  favour  of  his  Majestye  in  that  respect,  declaring  that 
as  it  hath  ben  a  principall  held  forth  and  maintained  in 

VOL.  II.  15 


114 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG5.  this  Collony  from  the  very  begining  thereof,  soe  it  is  much 
^~^~*"/  on  their  hearts  to  prescarve  the  same  liberty  to  all  persons 
within  this  Collony  for  ever,  as  to  the  worshipe  of  God, 
therein  taking  care  for  the  preservation  of  civill  govermcnt 
to  the  docing  of  justice,  and  presearvinge  each  other  pro- 
prietyes  from  wronge  and  violence  of  others. 
And  as  to  the  fowrth  proposall. 

The  Assembly  doe  declare  that  all  acts  that  in  the  late 
fo1inhVlt  troblesome  time  passed  in  this  Collony  in  any  sort  deroga- 
%osal'  tory  to  his  Majestye,  wherevpon  the  first  intimation  of  his 
Mnjestyes  most  happy  restoration  made  voyd,  and  his 
Majestyes  most  gracioues  pardon  hath  ben  by  a  speciall 
acte  embraced  and  layd  hold  vpon  in  that  respect,  which  is 
also  more  perticelerly  confirmed  in  his  Majestys  most  gra- 
cioues letters  pattents  to  this  Collony  granted,  and  by  the 
Collony  most  humbly  received  with  all  due  submission  and 
atention  therevnto  ;  as  alsoe  farther  enacting  and  declar- 
ing that  a  speciall  survay  of  all  late  lawes  made  in  this 
Collony  be  taken,  and  all  things  therein  repealed,  &c, 
that  are  or  may  appeare  derogatory  vnto  the  Majestye  of 
our  Soveraigne  Lord  the  King,  and  his  Royall  favour  in 
the  foresaid  gracioues  Charter. 

And  lastly,  as  to  that  perticular  command  of  his  Majes- 
tye, that  care  be  taken  for  the  putting  the  Collony  into  a 
posture  of  defence,  which  appeareth  at  this  time  most 
needfull  and  most  wanting. 

The  Assembly  taking  into  consideration  the  great  defect 
Lhnc'earnin-  m  training,  occasioned  by  the  remissnes  of  some  vnder  the 
themii.ua.  pre£ence  0f  j^g  burden  in  training  soe  often  as  eight  dayes 
in  the  yeare,  and  other  complaining  of  the  great  inequali- 
ty, in  that  the  poorest  being  vnable  to  spare  wherewith  to 
maintaine  amies  and  ainunition,  as  powder,  &c,  yett  are 
forced  by  the  law  to  beare  armes  as  well  as  the  most  able  ; 
to  redresse  which  grevances,  it  is  enacted  and  declared, 
that  the  sixe  dayes  only  in  the  yeare  be  ordered,  and  are 
hearby  ordered  for  the  milletary  exercise  in  training, 
which  shall  be  dilligently  attended  to  in  each  respective 


AND  PROVIDENCE  PLANTATIONS. 


11 


towne,  vpon  penalty  that  each  Captain,  or  in  his  absence,  16G5. 
the  Leftenant  of  each  towne,  shall  be  fined  in  ease  he  callv-^v-^to 
not  the  listed  soulders  together  by  warrant,  to  make 
choyce  of  Captaine  and  other  officers  milletary  (at  such 
time  and  in  some  sort  as  it  is  by  a  law  made  May  -ith, 
16G4,  it  is  provided)  the  summe  often  pound  starling  to 
the  Gennerall  Treasury,  to  be  by  law  recovered  by  the 
said  Treasurer,  for  the  Collony ;  as  alsoe  fortye  shillings 
for  each  defect  of  calling  the  said  company  together  to 
traine  on  each  the  training  dayes  hereafter  appointed,  or 
refusing  then  to  exercise  them  in  training  ;  and  the  dayes 
prefixed  for  the  exercise  of  training,  are  yearly  to  be  the 
last  Monday  in  May  ;  the  first  Monday  in  September  ; 
the  first  Monday  in  November  ;  the  last  Monday  in 
March,  and  the  last  Monday  in  Aprill.  And  for  the  in- 
corradgement  of  the  meaner  sort,  there  shall  be  alowed 
yearly  nine  shillings  in  currant  pay  to  or  for  each  soldiare 
listed  in  the  traine  band,  to  be  duely  payed  and  discount- 
ed yearly  by  the  Clarke  or  Treasurer  of  the  traine  band, 
at  the  Captain's  discretion  for  the  repaireing  of  armes, 
&c. ;  and  the  said  nine  shillings  yearly  to  be  payed  and 
cleared  by  or  before  the  last  Monday  in  March,  and  de- 
livered or  ordered  to  such  parents  and  masters  as  find 
amies  and  amunition  (as  they  must  doe)  for  their  sones  and 
servants  that  are  listable,  which  are  to  be  listed,  and  to 
traine  ;  as  alsoe  to  such  householders  or  other  men  that 
find  themselves  armes  and  traine  in  their  owne  persones  ; 
which  all  men  from  sisteene  years  of  age  to  sixtye  yeares 
old  are  hearby"  required  to  doe,  both  masters,  parents, 
sones,  sarvants  and  others,  excepting  such  as  are  in  pub- 
licke  office,  or  are  by  former  lawes  exempted ;  and  for 
every  defecte  in  not  duely  attending  the  trainings,  each 
one  listed,  soe  deficient,  shall  for  every  dayes  defect,  pay 
three  shillings  fine,  to  be  levied  by  distraint  on  the  par- 
tyes  goods,  or  on  the  goods  of  the  master,  or  mistress,  or 
parents  of  such  sones  or  sarvants  as  are  defective  ;  and  to 
the  end  the  fines  may  be  levied  more  certainly,  the  same 


110 


RECORDS  OF  TIIE  COLONY  OF  RHODE  ISLAND, 


1GG5.  course  is  to  be  taken  to  take  the  same  as  was  ordered  for 
-^v-wthe  former  fines  in  the  said  law  made  the  4th  of  May, 
1GG4,  and  returned  to  the  Clarke  of  the  band  for  suply  of 
dromes,  collers  and  holbords,  &c,  at  the  discretion  of  the 
Captaiue,  Lcftcnant  and  Ensigne,  for  the  company  ;  and 
that  care  be  taken  to  gather  all  former  fines  ;  as  alsoe  the 
judging  of  other  defects,  in  that  sort  be  left  to  the  Coun- 
sell,  &c,  as  by  the  said  law  of  May  4th,  1GG4,  is  ex- 
pressed ;  and  for  the  raysing  the  aforesaid  allowance  of 
nine  shillings  a  yeare  for  each  souldier,  that  is  or  shall  be 
listed,  each  towne  shall  in  a  towne  meeting  yearly  before 
the  first  Munday  in  November,  choose  a  conveniant  num- 
ber of  men,  and  authorize  them  to  make  a  rate  vpon  each 
one  rateable  within  the  precinckes  of  the  towne,  with  as 
much  equality  as  may  be,  according  to  each  ones  estate 
therein  being  ;  and  shall  take  care  for  the  levying  of  the 
same  by  distraint,  in  case  of  none  paying  that  in  time  ap- 
pointed by  such  as  by  the  magistrates  in  each  towne  shall 
be  by  warrant  authorized  to  gather  the  same,  with  five 
shillings  on  the  pound  over  and  above  for  distraining,  to 
be  for  the  vse  of  hee  or  they  that  distraine  it  ;  and  the 
sum  soe  distrained,  to  be  returned  to  the  Clarke  of  the 
band  at  or  before  the  five  and  twentyeth  day  of  December, 
yearly  ;  and  the  order  for  apprizing,  redeeming  or  selling 
distringesses  and  returning  the  overpluse  to  the  first  own- 
ers formerly  in  vse,  to  be  observed  by  such  as  distraine  ; 
as  alsoe  offesetting  with  or  for  each  persone  the  nine  shil- 
lings before  allowed,  in  case  there  bee  in  the  pertickelar 
rate  soe  much  as  and  what  either  rate  is*  short,  is  to  be 
made  vp  and  payed  to  each  or  for  each  person  as  above- 
said.  And  as  for  choosing  the  Captaine  and  other  milli- 
tary  officers,  every  one  that  is  eighteene  yeares  old  or 
more,  and  hath  taken  the  oath  or  engagement  of  alegi- 
ance,  shall  vote  if  they  please  therein,  though  not  free- 
men, intending  only  the  officers  soe  chosen  are  only  for 
the  military  exercise  of  training,  there  be  power  by  the 
Charter  with  the  Generall  Assembly,  or  in  the  intervalls 


AND  PROVIDENCE  PLANTATIONS. 


117 


of  the  Generall  Assembly*,  then  with  the  Governor  and  1665. 
Counsell,  &c,  in  extraordinary  cases  to  take  care  of  and  v^"v"»-' 
order  the  malitia  as  they  find  necessary  for  defence  and 
safetye  of  the  whole  Collony.  And  the  aforesaid  order, 
however  differing  from  former  lawes  or  orders  in  this  Col- 
lony consearning  training,  or  wherein  it  doth  differ,  is  to 
be  observed  and  confirmed  by  the  authority  of  this  As- 
sembly, any  law  or  clause  in  any  former  law  to  the  con- 
trary hearof  notwithstanding  ;  alwayes  provided,  that 
other  rules  in  the  former  law  of  May  the  4th,  1664,  &c, 
not  contradictory  to  this  present  law  shall  be  obsearved. 

And  for  the  farther  providing  for  the  defence  of  the  Defence  of 

1  °  the  Ccllony. 

Collony,  in  having  a  Magazine  or  store  of  armes  and  amu- 
nition,  both  in  pertickeiar  men's  houses,  and  alsoe  on  pub- 
licke  store  in  each  towne. 

It  is  therefore  ordered  by  this  Assembly,  and  straightly  J*^ 
required  in  obediance  to  his  Majestyes  command,  declared  p^J^ 
by  the  Commissioners  in  the  first  proposall,  that  every ehot' 
man  in  each  towne  be  allwayes  furnished  with  two  pound 
of  gunpowder,  and  fowre  pound  of  lead  or  bulietts,  vpon 
penalty  of  being  fined  ten  shillings  to  the  towne  treasury  m 
where  he  dwells,  to  be  levied  by  distraint,  as  in  the  case 
or  cases  aforesaid,  in  case  hee  be  found  therein  defective 
from  and  after  the  tenth  day  of  July  next  ensueing  ;  and 
the  Clarke  of  the  traine  band  in  each  towne  is  hearby  au- 
thorized and  required  to  informe  himselfe  in  that  matter, 
by  inquiry  ;  and  finding  any  man  vnsuplyed,  is  to  make 
report  to  the  magistrate  or  magistrates  in  each  towne,  that 
they  may  accordingly  take  order  to  take  the  fines  therefor, 
and  order  it  to  the  towne  treasury  ;  as  alsoe  for  a  com-  . 
mon  magazine  ;  the  towne  of  Newport  doe  before  the 
tenth  day  of  September  next,  raise  fiftye  pound  starling, 
at  least,  to  be  imployed  and  layed  out  in  powder,  lead 
and  armes  for  their  owne  defence  ;  and  that  Providence, 
Portsmouth  and  Warwick  raise,  each  twentye  pound,  and 
improve  it  in  time  and  manner  as  aforesaid  for  each  their 
owne  respective  defence  ;  and  that  on  penalty  of  such, 


J18  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GG5.  the  fowre  townes  to  forfeit  as  much  as  the  respective 
sunime  in  each  townc  ordered,  to  be  raised  in  case  of  de- 
fect or  neglect  hearof,  which  said  fine  shall  bee  to  the 
Gencrall  Treasury,  and  recoverable  on  the  treasurer  of  the 
defective  towne,  in  case  it  appeare  not  to  the  Governor 
and  Counsell  that  they  are  provided  according  to  this 
order. 

It  being  by  the  Assembly  advised  that  the  Governor, 
ofelcum-of  Benedict  Arnold,  would  send  to  William  Coddington, 


to  the  pro-  Esquire,  and  those  concearncd  (called  Quackers),  to  come 

posalles  pre-  v  ' 

Hnlfd^  m  presance  of  the  Assembly  to  receive  the  returne  made 
dlDgton,*c  by  .the  Right  honourable  his  Majesty es  Commissioners, 
Sir  Robert  Carr,  Knight,  Colonall ;  George  Cartwright 
and  Samuell  Maverick,  Esquires,  in  answer  to  the  said 
William  Coddingtones  paper,  dated  in  Newport,  March 
the  9th,  1GG4  and  5  ;  the  said  returne  of  the  honourable 
Commissioners  vnder  their  hands  bearing  date  March 
13th,  1GG4,  was  in  presence  of  the  Assembly  on  the  15th 
of  May,  1GG5  communicated  to  the  said  Coddington, 
Nicholas  Easton  and  others,  and  a  true  coppie  thereof,  to- 
gether with  a  coppie  of  the  five  proposalles  commended 
to  this  Collony  by  the  honourable  Commissioners,  dated 
March  the  4th,  1GG4,  were  by  the  Governor  delivered  to 
the  said  William  Coddington,  for  his  and  the  rest's  consid- 
eration, to  mind  and  obaye  accordingly.  Done  in  presence 
of  the  Assembly. 

Whereas,  very  great  inconveniancyes  attend  vpon  the 
concerning  refusing  to  searve  by  such  as  are  chosen  to  searve  in  the  1 

constables  0  J 

andsargauts  p|ace  0f  Constable,  Towne  Sargant,  or  others  constituted 
to  exicute  warrants  or  writts  in  speciall  occasions,  which 
refusing,  doth  evidently  tend  to  the  ruin  of  the  govern- 
ment for  want  of  execution  of  the  law,  and  it  is  a  high 
contempt  of  authority. 

Be  it  therefore  enacted  by  this  present  Assembly  and 
the  authority  thereof,  that  if  any  man  thats  chosen  to  the 
place  of  Constable  or  Towne  Sargant,  by  the  towne  where 
he  dwelles,  or  is  required  by  a  magistrate,  and  constituted 


AND  PROVIDENCE  PLANTATIONS. 


119 


in  extraordinary  case  to  suply  the  place  of  Constable,  1665. 
where  a  Constable  is  not  neare,  and  doth  refuse  to  searve, 
and  give  his  engagement  to  perform  the  service  ;  hee  and 
every  such  shall  be  liable  to  pay  a  fine  of  five  pound  star- 
ling to  the  Gennerall  Treasury,  being  tbereof  convicted  by 
his  peeres,  and  be  bound  over  to  the  Gennerall  Court  of 
Trialles,  in  a  bond  of  twenty  pounds,  to  answer  his  con- 
tempt ;  only  it  shall  be  vnderstood,  that  one  who  hath 
searved  Constable  one  yeare  shall  not  be  chosen  by  the 
towne  and  compelled  to  searve  vntill  he  hath  been  two 
yeare  cleare  of  that  office  of  towne  Constable  ;  and  alsoe 
who  soe  refuseth  to  ayd  a  Constable  being  thereto  required 
shall  vndergoe  the  same  penalty  as  hee  that  refuseth  to 
searve  as  Constable  aforesaid,  and  be  alsoe  bound  over  to 
the  said  Court  to  answer  the  contempt. 

Whereas,  there  hath  been  a  petition  presented  to  this The 

A  r  of  the  Court 

present  Assembly  by  Margarett  Porter,  the  wife  of  John 
Porter,  of  this  jurisdiction  of  Rhode  Island,  &c,  in  which Ear€ttPorter 
the  said  Magarett  doth  most  sadly  complaine  that  her  said 
husband  is  destitute  of  all  congugall  love  towards  her,  and 
sutable  care  of  her  ;  that  hee  is  gone  from  her,  and  hath 
left  her  in  such  a  nessesetous  state  that  vnavoydably  she  is 
brought  to  a  meere  dependance  vpon  her  children  for  her 
dayley  suply,  to  her  very  great  grieffe  of  heart ;  and  the 
rather  considering  that  there  is  in  the  hands  of  her  said 
husband  a  very  competant  estate  for  both  their  subs*ist- 
ance  ;  whereupon  the  said  Margarett  hath  most  earnestly 
requested  this  Generall  Assembly  to  take  care  of  her,  and 
to  take  her  deplorable  estate  into  their  serious  considera- 
tion, so  as  to  make  some  sutable  provision  for  her  reliefe, 
out  of  the  estate  of  her  husband  ;  and  that  spedily,  before 
both  hee  and  it  be  convayed  away. 

The  Court  therefore,  taking  the  matter  into  their  seri- 
oues  consideration,  and  being  thoroughly  satisfied,  both 
by  common  fame  and  otherwise^  that  the  complaints  are 
true,  and  that  the  feares  premised,  of  convaying  at  least 
his  estate  away,  are  not  without  grownds ;  and  haveing  a 


120 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16C5.  dccpe  sense  vpon  their  hearts  of  this  sad  condition  which 
-^v-*^  this  poore  anciantc  matron  is,  by  this  meanes,  reduced  into, 
and  how  much  it  is  incumbant  vpon  them,  both  vpon  the 
score  of  justice  and  mercy  ;  she  haveing  thus  committed 
herselfe  and  cause  to  them  to  take  care  for  and  to  put  to 
their  helping  bond  in  order  to  her  spedy  reliefe  :  doe 
therefore  declare  and  enacte,  and  bee  it  by  the  said  Court 
and  the  authority  thereof  decreed  and  enacted,  that  all  the 
estate  both  personall  and  reall  of  the  abovesaid  John  Por- 
ter, lying  and  being  in  this  jurisdiction,  is  hearby  secured, 
as  if  actually  seized  vpon  and  deposited  for  the  reliefe  of 
the  aforesaid  complainant  ;  and  that  all  such  deed  and 
convayances  as  hath  been  made  by  the  said  Porter  since 
his  departure  from  his  aforesaid  wife,  by  which  any  part 
of  the  estate  belonging  to  them  hath  been  alienated,  the 
deed  or  conveyance  not  being  recorded,  shall  be  made 
voyd,  and  that  it  shall  not  be  lawfull  for  the  said  Porter 
to  dispose  of  or  embeszell  any  of  the  aforesaid  secured, 
and  so  deposited  estate,  except  for  his  present  and  necessa- 
ry suply,  vntill  hee  hath  settled  a  competent  reliefe  vpon 
his  aged  wife  to  her  full  satisfaction,  or  to  the  satisfaction 
of  Mr.  William  Baulston,  Mr.  James  Barker  and  Mr.  John 
Sanford,  or  any  two  of  them,  who  are  hearby  nominated 
and  authorized  to  take  care  thereof ;  and  vpon  a  compos- 
ure of  the  difference,  to  signifie  soe  much  vnto  the  Re- 
corder, who  vpon  the  receite  thereof  shall  enter  it,  or  a 
coppie  of  the  said  agreement  vpon  record,  and  therevpon 
give  forth  vnto  the  abovesaid  Porter  a  full  release  with  re- 
spect to  that  this  presant  act  of  restraint  layd  vpon  him  ; 
and  this  the  Court  hath  done,  aimeing  alsoe  therein  to 
save  the  towne  of  Portsmouth  from  being  burthened  by 
the  defendant.  Neverthelesse  it  is  provided  by  the  au- 
thority aforesaid,  that  this  present  decree  shall  not  be  ex- 
tended to  the  prejudice  of  Benedict  Arnold,  Esquire,  with 
respect  to  the  weakening  of  the  purchase  of  land  made  by 
him  of  the  aforesaid  John  Porter,  lying  and  being  in  the 
Island  called  Cononicott,  and  Dutch  Island,  which  pur- 


AND  PROVIDENCES  PLANTATIONS. 


121 


chase  being  witnessed  in  the  presant  Assembly,  and  the  1665. 
aforesaid  Porter  having  received  for  it  a  valuable  consid- 
eration,  is  hearby  not  only  excepted  from  the  force  of  the 
foresaid  decree,  but  to  the  foresaid  Benedict  is  confirmed 
and  established. 

Ordered,  that  the  formes  of  warrants  relating  to  the  ex-  of 
presing  the  pertickelar  titles  of  this  jurisdiction,  &c,  shall 
run  thus  in  all  writts  originall  and  juditiall ;  as  alsoe  in 
warrants  and  other  such  matters  relating  to  the  premises 
in  any  publicke  proceeds  of  justice  (viz.)  :  "To  such,  or 
such  a  towne  or  place,  or  any  where  within  the  precincts 
or  confines  of  this  jurisdiction  of  Rhode  Island  and  Provi- 
dence Plantations,  or  Kings  province  ;"  and  this  expression 
to  be  inserted  and  vsed  as  abovesaid  by  all  officers  com- 
missionated  to  issue  out  writts,  warrants,  &c,  vntill  far- 
ther order,  any  former  still  vsed  or  ordered  to  be  vsed  to 
the  contrary,  of  or  differing  herefrom,  notwithstanding  ; 
provided  it  is  to  be  vnderstood  that  the  words  above  ex- 
presed  (vigt.),  or  "  any  where,"  are  not  to  be  vsed  by  any 
other  officers  but  such  as  are  commissionated  to  exercise 
authority  every  where  in  the  jurisdiction  as  occasion  re- 
quires. 

The  Court  having  taken  co£nizence  of  some  sent  as  dep-  concerning 

O  O  -       r    Block  Is  and 

utyes  from  Block  Island  to  sitt  in  Court,  they  having  haddeputyes- 
incorradgment  from  this  government  that  such  priviledges 
they  might  expect  if  they  followed  the  instructiones  given 
them  by  the  Assembly  in  order  to  legall  and  orderly  pro- 
ceedings therein  :  in  which  matters  there  hath  been  some 
neglect  on  their  parts  at  Block  Island,  in  some  circum- 
stances, the  which  is  by  them  owned  to  be  a  failing  only 
of  ignorance,  having  not  had  any  experiance  of  the  man- 
ner of  proceeding  in  this  jurisdiction,  haveing  mostly  lived 
in  other  places  where  the  proceedings  differ  somewhat 
from  this  ;  and  they  desiring  that  their  weakness  may  be 
rather  covered  than  too  sevearly  noted,  soe  far  as  to  hin- 
der the  expectation  of  the  inhabitants,  which  may  hazard 
their  state,  if  their  deputyes  be  not  admitted,  considering 
vol.  11.  16 


122 


RECORDS  OF  THE  COLONY  OF  RTIODE  ISLAND, 


1GG5.  the  very  great  straights  that  doe  atend  them  in  that  deso- 
v-^*v-wlato  place,  for  want  of  counsell  and  advise  how  to  dc- 
meanc  tliemselvcs  respecting  some  late  changes  happen- 
ing as  to  the  tenure  of  their  possessioncs,  and  difficulty  of 
being  acquainted  with  the  manner'  of  proceedings  in  this 
Collony,  by  reason  of  the  remoteness  from  and  danger  in 
repairing  to  these  parts,  all  of  which  may  very  happily  be 
remedied ;  and  they  probablye  relieved  and  better  informed 
if  admitted  by  the  deputyes  to  consult  with  and  receive  ad- 
vice in  the  Generall  Assembly.  They  furthermore  promise 
they  will  not  take  incorradgment  to  neglecj  such  orders  as 
are  given  them  by  being  now  overlooked,  but  will  more 
studiouesly  mind  to  vnderstand  and  take  care  to  follow  the 
instructiones  given  them  by  the  Court.  Thereupon  the 
Court  declare  and  order,  that  Block  Island  freemen,  hear- 
after  following  the  orders  given  them  as  aforesaid,  in  due 
proceedings  in  electiones  and  meetings  orderly  called  and 
mannadged,  shall  have  the  liberty  from  time  to  time  to 
time  to  send  one  or  two  deputyes  to  the  said  Assemblyes 
if  they  see  cause  ;  and  shall  have  timely  notice  by  warrant 
of  the  said  Assemblyes  sitting  from  time  to  time,  if  possi- 
ble, as  the  townes  of  this  Collony  have  and  are  to  have. 
And  farther,  the  Assembly  doe  now  adinitt  Mr.  Thomas 
Terry  and  Mr.  James  Sands,  of  Block  Island,  to  sitt  in  the 
presant  Court,  as  deputyes  that  are  sent  from  the  freemen 
of  that  Island  :  meaning  from  such  only  as  are  orderly  ad- 
mitted freemen  of  this  Corporation,  and  entered  in  the 
gennerall  records. 

Vpon  a  petition  of  Mr.  Peter  Tollman,  wherein  hee 
petorToii-  petitioiies  for  the  Court  to  grant  him  a  release  from  his 
uo£tobe^e-wife,  the  Court  doe  advise  that  the  Governor  doe  send  a 
his  wifc^om  -warrant  to  cause  her  to  be  brought  before  the  Court  to 
morrow  morning  by  eight  of  the  clock. 

Whereas,  Peter  Tollman  presented  a  petition  to  this 
Assembly,  wherein  hee  desires  this  Court  to  grant  him  a 
divorse  vpon  grownds  in  his  said  petition  alleaged  ;  vpon 
which  the  Court  called  for  Ann  Tollman  before  them,  and 


AND  PROVIDENCE  PLANTATIONS. 


123 


the  aforesaid  petition  being  read  before  her,  and  the  ques-  1665. 
tion  being  asked  what  she  did  say  to  that  which  was  said 
concearning  her  in  the  said  petition :  her  answer  was  .  <:  part 
thereof  I  owne,  and  part  thereof  I  disowne."  Being  far- 
ther asked  whether  she  did  owne  herselfe  to  be  an  adul- 
teress ;  she  said  she  had  given  it  vnder  her  hand  that  the 
child  was  none  of  his,  and  the  writting  vnder  her  hand  to 
that  purpose  being  read,  and  she  being  asked  whether  she 
did  now  owne  what  she  had  owned  in  that  writting  ?  she 
did  in  open  Court  confesse,  that  it  was  the  truth  that  the 
child  was  none  of  his  begetting,  and  that  it  was  begotten 
by  another  man. 

The  Court  haveing  heard  the  confession  of  the  abovesaid 
Ann  Tollman,  and  considering  the  premises : 

It  is  ordered  by  free  vote  of  the  Assembly,  that  she, 
the  aforesaid  Ann  Tollman  is  an  adulteress. 

The  Court  having  well  and  considerately  waved  what 
has  been  declared  by  way  of  petition  by  Peter  Tollman 
against  Ann,  his  wife  ;  and  her  confession  vpon  her  ex- 
amination that  she  is  guilty  of  adultery,  &c.  Vpon  all 
which,  the  Court  doe  adjudge  the  said  Ann  Tollman  to 
receive  the  penalty  that  the  law  hath  provided  for  such  an 
offence  ;  that  is,  whipping  and  fine,  according  to  the  law 
made  May  22,  1655  ;  which  law  doth  determine  that  the 
person  convicted  of  adultery,  if  living  on  the  Island,  shall 
be  whipt  at  Portsmouth,  receiving  fifteene  stripes ;  and 
after  a  weeke  respite,  to  be  whipt  at  Xewport,  receiving 
fifteene  stripes,  and  to  pay  a  fine  of  ten  pound  to  the 
Gennerall  Treasurer  :  and  the  said  Peter  Tollman  is  ad- 
judged to  have  his  bill  of  divorce  granted  him. 

Ordered,  that  Ann  Tollman,  expressed  in  the  aforesaid 
order,  is  appointed  to  receive  the  first  punishment  atUhment" 
Portsmouth,  on  Munday,  being  the  22d  day  of  this  instant 
May ;  and  the  next  Munday  following,  being  the  29th 
day  instant,  to  receive  the  second  punishment  of  fifteene 
stripes  at  Xewport ;  and  in  the  meane  time  to  remaine  in 
prison  in  safe  custodye,  as  alsoe  till  the  fine  be  payd. 


124 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1665.  Vpon  a  petition  of  Ann  Tollman,  wherein  she  desires 
mercy  from  the  Court,  &c.,  and  she  being  called  before 
m-m's  i>cti-  the  Court,  and  questioned  whether  she  did  intend  in  her 
petition  to  returne  to  her  husband,  to  which  her  answer 
was,  that  she  would  rather  cast  hersclfe  on  the  mercy  of 
God  if  he  take  away  her  life,  than  to  returne.  Vpon 
which  the  sentance  of  the  Court  is,  that  they  see  noe 
cause  to  reverse  the  sentance  formerly  gone  forth  against 
her. 

Whereas,  a  proposall  from  the  town  of  Portsmouth,  &c, 
cor."?erning  conccarning  the  deputyes  sitting  apart  at  Gennerall  As- 
fiuiugapartsemblye,  &c.  The  Assembly  having  had  thereon  some 
debate  of  the  matter,  and  finding  that  severall  other 
things  of  somewhat  difficult  concearnment  will  arise  to  be 
considered  in  the  passing  through  the  matter,  doe  there- 
fore conclude  it  best  to  refer  the  matter  to  the  Assembly 
in  October  next :  at  which  time  it  is  alsoe  concluded  of 
very  good  consequence/that  the  Assembly  doe  settle  some 
order  and  rule  for  the  solleme  manadgingc  of  such  Assem- 
bles ;  and  that  the  members  of  the  Court  may,  every 
one  know  their  privilcdge  and  liberty  in  Court,  and  that 
one  rule  be  for  all,  as  in  reason  it  ought  to  be. 

There  being  severall  petitions  presented  to  the  Assem- 
;T; &c  bly  from  Mr.  John  Gould,  Henry  Tibbets,  Henry  Stevenes, 
pctmon.  jamcs  Reynoles,  Robert  Spincke  and  others,  for  accom-, 
modation  of  land,  &c,  in  the  King's  province  :  and  the 
commission  given  by  the  King's  Commissioners  to  the 
Governor  and  Counsell  being  read,  the  Court  doe  therevp- 
on  declare,  that  it  properly  belongs  to  the  said  Counsell 
to  order  in  those  afaires,  and  doe  refer  the  petitioners  to 
their  consideration. 

The  Court  taking  into  consideration  the  humble  petition 
John  wood  0f  John  Wood  and  John  Hicks,  that  they  may  be  released 

ami  John  »  r 

pe:i"from  their  bonds,  in  which  they  are  engaged  to  appeare  at 
the  Court  to  bee  holden  in  October  next,  vnder  the  penal- 
ty of  two  hundred  pounds  a  peace,  the  Court  doe  order 
that  the  said  John  Wood  and  his  suretyes,  John  Pepor- 


Hickes 
lion. 


AND  PROVIDENCE  PLANTATIONS.' 


125 


dye  and  Edward  Roberson,  and  John  Hickes  and  his  1665. 
suretyes,  Robert  Carr  and  Caleb  Carr,  be  released  from v-^" 
the  said  obligations  wherein  they  and  every  of  them  were 
bound,  from  all  accounts,  demands,  forfeitures  or  actiones 
to  be  growned  on  the  same,  paying  fees  clue  to  officers  of 
Court. 

Ypon  the  petition  of  Mr.  John  Greene,  wherein  he  Pe-^ne5" 
titiones  for  an  exicution  to  be  searved  vpon  a  verdict peuUon 
given  him  by  the  towne  Court  of  Warwick,  and  who  shall 
grant  and  searve  the  same  ;  the  Court  doe  grant  the 
aforesaid  petition,  and  doe  order  that  the  exicution  that 
was  granted  forth  by  the  Towne  Clarke  of  Warwicke,  vp- 
on a  judgment  of  Court  against  Mr,  Mathias  Harvie  in  the 
last  Court  of  Trialles,  by  virtue  of  their  towne  charter, 
shall  be  served  by  the  Towne  Sargant  of  the  towne  of 
Warwicke  within  any  part  of  the  maine  land  in  this  juris- 
diction. 

Th^re  being  a  motion  presented  by  Mr.  Zachariah  Law  of  exe- 
Rhodes  as  to  move  the  Court  to  make  a  law  concearning 
exicutions,  &c.  The  Court  considering  the  weight  of  the 
matter,  and  being  at  this  time  straightened  by  reason  of 
their  business,  &c,  the  Court  doe  wave  the  absolute 
determination  of  the  matter  to  the  next  Genneral  As- 
sembly. 

Vpon  a  petition  of  Thomas  Terry  in  the  behalfe  ofihos.  Ter- 
Block  Island,  and  the  priviledges  thereof,  it  is  ordered, rr3petUlon* 
that  the  Governor,  deputye  Governor  and  Mr.  John 
Clarke  are  nominated  and  requested  to  take  the  paines  to 
goe  to  Block  Island  to  see  and  judge  whether  there  ber  a 
possibility  to  make  a  harbour,  &c. :  and  what  conveniancy 
there  may  bee  to  give  incorradgment  for  a  trade  of 
fishinge. 

Ordered,  that  the  bill  presented  by  Captain  Morris,  Capt  Mor- 
which  amounts  to  sixe  pound,  five  shillings  for  his  voyage n3bm' 
to  Conneticott,  is  approved  of,  and  ordered  to  be  paid  by 
the  publick  Treasurer. 

Ordered,  that  the  bill  of  James  Rogers,  Generall  Sar- 


126 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G5.  gant,  for  paying  for  Grand  Jurymcns  dinners  four  times- 
v-*"vw which  comes  to  two  pound,  seven  shillings,  is  approved 
of,  and  ordered  to  be  paid  by  the  publicke  Treasurer. 
Ordered,  that  one  other  bill  of  James  Rogers,  of.  eight 
James  Bog- pound,  cightcene  shillings,  is  approved  of,  and  ordered  to 
be  paid  by  the  Gennerall  Treasurer  when  the  Treasurer  is 
enabled  by  the  fines  soe  to  doe. 

Ordered,  that  the  Recorder  shall  have  thirty  shillings 
for  each  coppie  of  this  Court  orders. 
The  Court  dissolved. 

Whereas,  the  Gennerall  Assembly  sitting  at  Newport, 
ftSmUtoEe-^ay  tllc  3cl>  received  a  petition  from  Margarett 

John  Porter. 

Porter,  wife  of  John  Porter,  late  of  Portsmouth,  but  now 
living  at  Pettacomsqutt,  wherein  she  complained  that  her 
husband  did  neglccte  to  provide  for  her,  &c,  where- 
vpon  the  Court  did  soe  farr  extend  their  care  as  to  secure 
the  estate  of  the  said  John  Porter,  vntill  hec,  the  said 
John  Porter  did  place  and  settle  such  an  estate  on  his  said 
wife  as  should  satisfie  her,  or  should  satisfie  Mr.  William 
Baulston,  Mr.  James  Barker  and  Mr.  John  Sanford,  or 
*  any  two  of  them.   And  whereas,  Mr.  John  Porter  hath 

settled  on  his  wife  such  an  estate  during  her  life,  as  doth 
fully  satisfye  her,  as  apeares  vnder  the  hands  of  Mr.  Wil- 
liam Baulston  and  Mr.  John  Sanford  being  sent  to  mee, 
Joseph  Torrey,  Gen'l  Recorder,  and  by  them  desired  that 
according  to  the  aforesaid  law  of  May  the  3d,  1665,  I 
would  grant  to  the  aforesaid  Porter  a  release  from  the 
forse  of  the  aforesaid  law  as  to  give  full  liberty  to  dispose 
of  the  rest  of  his  estate,  &c. 

This  is  therefore  to  satisfie  all  whome  it  may  conccrne, 
that  I,  Joseph  Torrey,  Gen'l  Recorder,  according  to  the 
authority  of  the  aforesaid  Court,  fully  and  really  release 
and  acquit  the  aforesaid  John  Porter  from  the  forse  of  re- 
straint laid  vpon  him  as  to  the  disposall  of  his  estate,  be- 
ing it  doth  appeare  that  he  hath  performed  the  law  soe  far 
as  doth  require  him  to  doe  to  provide  for  the  aforesaid 
Margarett,  his  wife,  as  wittnes  my  hand,  this  27th  of 


AND  PROVIDENCE  PLANTATIONS. 

June,  in  the  yeare  one  thousand  sixe  hundred  sixty  and  lGGo. 
five. 

Per  rnee,  JOSEPH  TORREY,  Gen'l  Recorder. 

Extract  from  the  Report  of  the  King's  Commissioners  con-, 
cerning  the  New  England  Colonies,  made  December, 
1665.* 

KHODE  ISLAND. 

The  Colony  of  Road  Island  and  Providence  Plantations  returned  their 
humble  thanks  to  his  Majestie  for  sending  Commissioners,  and  made 
great  demonstrations  of  their  loyalty  and  obedience. 

They  approved  as  most  reasonable  that  appeales  should  be  made  to  his 
Majesties  Commissioners,  who  having  heard  and  determined  some  causes 
among  them,  referred  other,  some  in  civility  to  their  general]  Court,  and 
some  to  the  Governour,  and  others,  some  of  which  causes  they  agaiue  re- 
mitted to  the  Commissioners  to  be  determined. 

All  proceedings  injustice  are  in  his  Majesties  name. 

They  aduiitt  all  to  be  freemen  who  desire  it. 

They  allow  liberty  of  conscience  and  worship  to  all  who  live  civilly. 

And  if  any  can  iuforme  them  of  any  thing  in  their  lawes  or  practice, 
derogatory  to  his  Majesties  honour,  they  wdl  amend  it. 

The  Marquisse  of  Hamilton's  Patteut  takes  in  all  lloade  Island  Colo- 
nies, and  about  halfe  of  Counecticot.  * 

The  Nanlrygansetts  sachims  did  in  the  year  1044,  by  writing,  surren- 
der themselves,  their  people  and  country  into  the  late  King's  protection. 
Two  of  which  sachims,  now  living,  did  actually  in  their  owne  persons 
surrender  themselves,  people,  and  country  into  his  Koyall  Majesties  pro- 
tection, before  his  Commissioners,  and  delivered  to  them  that  very  deed 
made  in  1044,  which  had  been  carefully  kept  by  Mr.  Gorton,  ettc. 

Whereupon,  the  Commissioners,  according  to  their  instructions, 
entered  upon  the  country  in  his  Majesties  name,  and  have  named  it  the 
King's  Province,  have  taken  the  natives  into  his  Majesties  protection, 
and  have  appointed  Justices  of  the  Peace  to  govern  it,  untill  his  Majes- 
ties pleasure  be  further  knowne  ;  for  this  Nanhygausett  country  is  almost 
all  the  land  belonging  to  this  Colony,  which  cannot  subsist  without  it, 
and  therefore  the  Commissioners  ordered  that  the  magistrates  for  the  Col- 
ony should  be  justices  of  the  peace  for  the  King's  Province,  that  no  dif- 
ference may  rise  betwixt  the  officers. 

The  sachims  did  thankfully  receive  two  coates  presented  to  them  in 
his  Majesties  name.    In  acknowledgement  of  their  subjection,  they  are 


*  This  forms  part  of  a  report  on  the  several  New  England  Colonies,  whorejn  a  brie 
history  is  given  of  each,  as  well  as  an  account  of  their  actual  condition  at  the  time 
the  report  was  made. 


128  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

at 

1GG5.  to  pay  yearly  upon  the  29th  of  May  too  wolfe  akinnea  to  his  Majestic, 
_  and  did  now  send  two  clfpps  of  pong,  nud  two  olobbs  iulayd  with  peag  for 
a  present  to  the  King,  and  a  feather  mantle,  and  a  porcupine  bagg  for  a 
present  to  the  Queene,  whicli  were  all  taken  l>y  the  Dutch. 

One  of  these  princes  (named  Pessicus)  desired  the  Commissioners  to 
pray  King  Charles  that  no  strong'  liquors  might  be  brought  into  that 
country,  for  ho  had  thirty  two  men  that  dyed  by  drinking  of  it. 

Theae  Indian  princes  gave  a  long  petition  to  the  Commissioners,  com- 
plaining of  many  acts  of  violence  and  injustice,  which  the  Mattachusetts 
had  done  to  them.  Amongst  others,  they  had  first  caused  them  to  be 
lined,  then  tooke  their  whole  country  in  mortgage  (according  to  the  re- 
monstrance sent  to  his  Majestic),  and  would  have  inveigled  them  out  of 
it;  but  there  could  be  no  redressc,  the  Matachusets  refusing  to  let  the 
Commissioners  have  the  hearing  of  appeales. 

Their  Westerne  bounds  are  determined  with  Connecticot;  their  North- 
erne  bounds  must  be  the  Matachusets  Southern  line,  wherever  it  falls, 
which  they  complaine  to  be  too  Southerly.  Their  Easterne  bounds  be- 
twixt them  and  New  Plymouth  could  not  be  determined  by  consent  of 
both  parties  (Roade  Island  clavming  a  thread  of  land  three  miles  broad, 
all  the  length  of  the  mayne  laud  lying  next  to  the  Nanhygansett  Bay, 
which  without  great  prejudice  they  of  New  Plymouth  could  not  part 
with)  :  whereupon  the  Commissioners  appointed  the  water  the  natural! 
bounds,  of  each  Collony  to  be  their  present  bounds,  until!  his  Majesties 
pleasure  bo  further  knowne. 

Mr.  William  I! ronton,  Deputy  Governor  of  Road  Island,  having 
bought  a  farme  upon  that  thread  of  land,  whicli  he  hoped  would  belong  to 
that  Colony,  humbly  desires  his  Majestic,  that  he  may  continue  to  pos- 
sess that  farme,  though  it  fall  within  the  limits  of  New  Plymouth. 

And  Dr.  Alcock,  a  physician,  having  bought  Block  Island  for  four 
hundred  pounds  of  some  Boston  (who  tooke  upon  them  power  never 
granted  them,  to  sell  it),  and  having  been  at  great  charges  in  planting  of 
it,  desires  his  Majestic  that  ho  may  not  be  dispossessed  of  it,  he  submit- 
ting to  the  government  of  Roade  Island  ;  both  these  petitions  to  his  Maj- 
estic are  lost. 

This  Colony  (which  now  admitts  all  religions,  even  Quakers  and  Gen- 
erallists)  was  begun  by  such  as  the  Mattachusetts  would  not  suffer  to  live 
Among  them,  and  is  generally  hated  by  the  other  Colonies,  who  endea- 
voured severall  waves  to  supprcsse  them,  They  maintained  Other  Indi- 
ans against  the  Nanhygansett  Indians. 

The  Commissioners  of  the  united  Colonies  disposed  of  a  great  part  of 
•his  country,  pretending  they  had  conquered  it  fr  in  the  Pequid  Indians, 
but  evidence  being  made  that  the  Nanhygansett,  had  conquered  it  before 
the  English  began  their  warre,  and  that  the  right  was  in  him  who  sold  it 
to  the  Road  Islanders,  and  his  Majesties  Commissioners  not  thinking  it 
justifyable  for  any  Colony  to  dispose  of  laud  without  their  owne  limitts, 
determined  it  for  the  Roade  Islanders. 

The  Matachusetts  did  maintain  Pumham  (a  petty  sachim  in  this  Prov- 
ince) twenty  yeares  against  this  Colony,  and  his  chiefe  sachim,  and  did 
by  armed  souldiers  beseigo  and  take  prisoners  Mr.  Gorton,  Ilowdeu, 


AXD  PROVIDENCE  P  LACTATIONS. 


129 


Wykes,  Greene  and  others  in  this  Province,  and  carryd  them  to  Boston,  16G5. 

put  them  in  chainee,  and  tooke  eighty  head  of  cattle  from  them,  for  all   _ 

which  they  could  never  yet  get  satisfaction. 

This  Colony  could  never  be  acknowledged  for  a  Colony,  till  his  Majes- 
ties Charter  was  published,  though  in  the  yeare  1643,  they  sent  over 
some  into  England  to  preserve  the  King's  Charter  then,  but  finding  that 
unnaturall  war  begun,  and  the  King  gone  from  London,  they  tooke  a 
Charter  from  the  Lords  and  Commons,  which  was  more  then  Xewhaven 
did  pretend  to,  and  more  then  Connecticot  could  shew,  yet  these  two 
were  admitted  Colonies  in  their  great  combination  and  Road  Island 
slighted. 

The  Xanhygansett  Bay  is  the  largest  and  safest  port  in  New  England, 
nearest  the  sea.  and  fittest  for  trade. 

This  Colony  hath  two  scattered  tonnes  upon  Road  Island,  two  upon  the 
maine  land,  and  four  small  villages. 

Hans  only  yet  is  Limestone  found,  and  here  only  the  Governoor  and 
magistrates  serve  the  publick  at  their  own  charges.  In  this  Colony  is 
the  greatest  number  of  Indians,  yet  they  never  had  any  thing  allowed  to- 
wards the  civilizing  and  converting  of  the  Indians.  And  in  this  Colony 
they  have  the  greatest  plaines,  but  no  place  of  strength  fortifyed,  though  • 
many  places  capable  of  fortification. 

In  this  Province,  also,  is  the  best  English  grasse,  and  most  sh,eepe.  the 
ground  very  fruitful!,  ewes  bring  ordinarily  two  lambs  ;  corn  yields 
eighty  for  one,  and  in  some  places,  they  have  had  corne  twenty  sixe 
yeares  together  without  manuring. 

In  this  Province  only  they  have  not  any  places  set  apart  for  the  wor- 
ship of  God.  there  being  so  many  subdivided  sects,  they  cannot  agree  to 
meet  togeather  in  one  place,  but  according  to  their  severall  judgments, 
they  sometimes  associate  in  one  house,  sometimes  in  another. — /.  Carter 
Brown's  Mamucripts,  Vol.  i.  So.  63. 

VOL.  n.  17 


130 


RECORDS  OF  THE  COLONY  OF  RIIODE  ISLAND, 


1665. 


Proceedings  of  the  Generall  Assembly,  held  at  Newport, 
October  25,  1665. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  William  Brenton,  deputy  Governor, 


ASSISTANTS. 


Mr.  John  Card, 
Mr.  James  Barker, 
Mr.  Edward  Smith, 
Mr.'  William  Carpenter, 
Mr.  Arther  Fenner, 


Mr.  John  Browne, 
Mr.  William  Baulston, 
Mr.  Samuell  Wilbore, 
Mr.  Randall  Howldon, 
Mr.  John  Greene. 


DEPUTIES. 

Mr.  John  Clarke,  Mr. 

Mr.  Nicholas  Easton,  Mr. 

Mr.  John  Easton,  Mr. 

Mr.  John  Coggeshall,  Mr. 

Capt.  John  Cranston,  Mr. 

Joseph  Torrey,  Mr. 

Mr.  Thomas  Olnye,  Mr. 

Mr.  John  Throgmorton,  Mr. 

Mr.  Thomas  Hobkins,  Mr. 


Edward  Smith, 
John  Sanford, 
George  Layton, 
Phillip  Sherman, 
John  Briggs, 
John  Weekes, 
Edmund  Calverly, 
Richard  Carder, 
James  Greene. 


Mr  Dyer's 
comp'aint  to 
the  King's 
Commis- 
sioners 
against  the 
juriors. 


Mr.  William  Brenton,  deputy  Governor,  chosen  Mod- 
erator. 

Joseph  Torrey,  Clarke  of  the  Assembly. 

The  Court  adjourned  vntill  Friday,  eight  of  the  clocke. 

Vpon  the  appearance  of  Mr.  Coddington,  Mr.  Dyer 
and  the  jury  men  at  or  ypon  summons  from  the  Governor, 
to  appeare  at  this  Court  in  order  to  a  hearing  concearning 
a  complaint  of  Mr.  Dyre,  to  his  Majesty es  Commissioners 
in  March  last,  against  the  juryes  that  past  on  the  actiones 


AST)  FROVTDEXCE  PLAOTAHOHS. 


131 


betweene  him  and  Mr.  Coddington  in  the  October  Court  1665. 
of  Trialles,  in  the  yeare  1664  ;  and  the  Court  having 
travelled  in  the  matter  to  find  a  meett  way  of  putting  an 
issue  thereto,  and  made  motiones  to  the  joriores,  and  to 
the  other  partyes  of  their  condesention  to  each  other  for  a 
peaceable  composure,  and  each  partye  returning  answer  to  * 
the  Assembly  that  they  cannot  find  out  such  a  way,  but 
desire  the  law  may  end  it,  the  Court  doe  therevpon  de- 
clare that  both  Mr.  Dyre  and  Mr.  Coddington  and  the 
juriores  premised,  be  all  referred  to  a  due  processe  of  law 
for  releife  or  justice,  wherein  they  or  either  of  them  con- 
ceive themselves  wronged. 

The  Assembly  taking  into  consideration  the  srreat  bur-  r 

r,,  rues  ardoi 

den  lying  vpon  Mr.  John  Clarke  in  regard  that  what  is^«^w 
due  to  him  to  cleare  engagements  about  procuring  the 
Charter,  &c,  is  not  payd  according  as  formerly  promised 
to  him  by  reason  of  the  rate  in  Portsmouth,  Warwicke, 
Quononicott,  Pettaquamseott  and  Block  Island,  are  not 
gathered  nor  made.  The  Court  doe  therefore  order,  that 
the  rate  in  each  of  the  said  places  be  made  and  collected 
before  the  last  day  of  November  next,  and  payd  into  the 
Gennerall  Treasurer  of  the  Collony,  to  witt :  Mr.  John 
Coggeshall,  and  that  course  taken  for  gathering  it  as  by 
the  former  Assembly  ordered ;  as  alsoe  that  the  Eecorder 
doe  presantly  send  a  copie  of  this  order  of  revisall,  not 
only  to  ihe  townes,  as  by  law  required,  but  one  coppie  to 
Block  Island,  and  one  to  Pettaqumscott,  to  a  Consarvator 
of  the  Peace  or  Constable  there,  and  a  note  what  each  of 
those  places  a£e  to  pay  by  the  order  of  Court ;  and  alsoe 
it  is  ordered,  that  those  who  weare  appoynted  to  make  the 
rate  for  Quononicott  in  1663,  be  also  ordered,  they  or  the 
majour  part  of  them,  to  make  the  rate  ordered  in  1664. 

Mr.  John  "Weekes  chosen  Assistant  for  the  towne  of 
"Wirwick-r. 

The  Court  is  adjourned  on  till  Tuesday,  come  fortnight, 
being  the  14th  day  of  November. 


132 
1G65. 


RECORDS  OF  THE  COLONY  OF  RIIODE  ISLAND, 


PAPERS  RELATING  TO  THE  DIFFICULTIES  BE- 
TWEEN THE  INHABITANTS  OF  WARWICK 
AND  THE  SACHEM  PUMIIAM. 


The  order  of  the  King's  Commissioners  concerning  Pumham 
and  Indians  with  him. 

Wee,  by  the  power  given  us  by  the  King's  Commissioners,  baveing  heard 
(he  complaint  of  the  towne  of  Warwicke,  doe  order  and  appoint  that  Pumham 
and  the  Indians  with  him  shall  plant  their  come  this  yearc  upon  the  neck  of 
land  which  they  have  soe  long  deteined  from  the  said  towne,  and  that  before 
the  next  planting  time,  he,  and  all  the  Indians  with  him  shall  remove  to  some 
other  place,  out  of  the  King's  Province  provided  for  them  by  such  as  they 
have  subjected  themselves  unto,  or  to  some  other  place  within  the  King's  Pro- 
vince appointed  for  them  by  Pessicus.  Wee  alsoe  order  and  appoint,  that  as 
soone  as  they  are  ready  to  remove,  and  give  notice  thereof  to  Mr.  Gorton  be- 
fore they  remove,  the  towne  of  Warwick  shall  give  unto  the  said  Pumham 
twenty  pounds  at  eight  penny  ;  and  if  Pumham  and  those  with  him  shall  sub- 
ject themselves  to  Pessicus,  and  that  the  said  Pessicus  provide  a  place  for  him, 
and  them  within  the  King's  Province,  then  the  towne  of  Warwicke  shall  alsoe 
give  ten  pounds  at  eight  a  penny  to  Pessicus  as  a  present.  Given  under  our 
hands  and  scales,  at  Warwicke,  April  the  7th,  1665. 

ROBERT  CARR, 
GEORGE  CARTWRIGIIT, 
SAMUELL  MAVERICK. 

For  the  towne  of  Warwicke. 

Acquittance  of  Indians  of  lands  in  Warwick,  etc. 

* 

Know  all  men  by  these  presents,  that  I,  Cheeschemut,  eldest  sonne  of  Pum- 
ham, haveing  received  of  the  gentlemen  of  "Warwick  the  summe  of  thirty 
pounds  in  peag,  at  eight  a  penny,  and  upon  promise  to  receive  the 
summe  of  ten  pounds  more  in  like  pay  of  the  said  gentlemen,  doe  hereby  in  the 
name,  and  on  the  behalfe  of  my  father  and  mysclfe  with  the  rest  of  our  com- 
pany, promise  to  depart  from,  and  quit  that  tract  of  land  commonly  called, 
and  knowne  by  the  name  of  Warwick  necke,  as  also  all  that  Province  now 
called  the  King's  Province,  formerly  the  Narragansett  country,  immediately 
upon  the  receipt  of  the  said  summe  of  ten  pounds ;  and  not  at  any  thime  there- 
after to  returne  to  inhabit  in  the  aforesaid  place  or  places.    In  witness  where- 


AND  PROVIDENCE  PLANTATIONS. 


133 


of.  I.  the  said  Cheesecbamnt,  have  hereunto  put  my  hand  the  28th  day  of  De-  1665. 
cember,  1665.  at  Mr.  Smith's  tradeiDg  house. 

Witness  hereunto,   ~ 

Robert  Cabs.  CHEESECH AMUT,  ~  3^ 

Richard  Smith.  Jun'r,  r 

Edmund  Calverly,  NAUSHWAHCOWET. 

Moses  N  oyes,  -  his  mark. 

Eobep.t  Westoote,  ™ 

Sam  WhEate. 

A-'iWAWF.T.Q  • 


Sir  Robert  Can  to  Sam'l  Gorton,  R.  Holden  and  others. 

Gentlemen : 

In  conference  here  with  Pnmham's  sonne,  I  found  some  difficulty  of  satisfy- 
inge  them  according  to  our  order,  by  reason  that  proposing  the  matter  to  him, 
he  seemed  dissatisfied  about  it :  wherefore,  I  proposed  to  pay  him  this 
ten  pounds,  if  his  father,  himself  and  the  rest  of  their  company  would  depart 
from  you,  and  the  King  s  Province ;  he  desired  time  till  next  morning  to 
consider  thereof,  and  returned  answer,  if  you  would  pay  them  ten  pounds 
more,  they  would  quit  the  King's  Province,  and  not  trouble  you  hereafter  ; 
soe  I  thought  good  to  give  you  notice,  that  I  conceive  it  will  be  no  greate 
matter  to  each  particular  person,  if  you  give  soe  mucb,  and  be  clearly  dis- 
charged of  them,  they  leaveing  your  neck  and  the  King's  Province  ;  as  also, 
the  only  peaceable  meanes  to  be  rid  of  them,  and  their  trouble,  I  paid 
them  this  ten  pounds  and  promised  that  I  would  use  my  best  indea- 
vour  to  perswade  you  concerning  the  other,  and  have  here  inclosed  sent 
you  their  receipt  for  it,  comprehending  his  obligation  under  his  hand 
hand,  that  Pumham  and  himselfe  and  the  rest  of  their  company  shall  depart 
out  of  the  King's  Province,  and  no  more  come  to  inhabit  there.  Thus  I  re- 
quest you  to  condescend  so  farr  to  satisne  them,  which  will.  I  conceive,  be  a 
great  advantage  to  your  selves,  a  benefit  to  the  country,  and  an  obligation  to 
him.  who  allwayes  shall  remain,  Gentlemen, 

Your  very  loving  friend, 

ROBERT  CARR. 
^    From  Mr.  Smith's  Tradeing  House,  December  28th,  1665. 

To  Mr.  Gorton,  Capt.  Houlden,  and  the  rest  of  tne  inhabitants  of 
Warwick,  present. 

This  is  to  testifie,  that  upon  the  third  day  of  January,  1665,  Mr.  Samuel 
Gorton.  Seu'r,  Capt.  John  Green,  Mr.  Walter  Todd.  Mr^  James  Green,  and 
Mr.  John  Potter  of  the.  towne  of  Warwicke.  did  deliver  to  Pumham  the 
summe  of  ten  pownds  in  peag  at  eight  a  penny,  in  behalfe  of  themselves,  and 
the  rest  of  the  purchasers,  according  to  the  tenure  of  that  which  is  within 
written.    Witnessed  by  us. 

The  mark  of  EDWARD  MARSHALL, 
EDMUND  CALVERLY,  AMOS  WESTCOT, 

SAMUEL  GORTON,  Jun'r,         JOHN  WICKS,  Jun'r. 


5 


134 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G5. 

^v~*"»-/       Order  from  Sir  Robert  Carr  to  Pumham  to  remove. 

These  ;irc  to  require  you,  in  his  Majesties  name,  and  by  virtue  of  an  order 
Signed  liy  myself,  and  tho  other  his  Majesties  Commissioners,  bearing  date 
April  the  7th,  1665,  that  you  remove  from  that  tract  of  land  called  by  the 
name  of  Warwick  neck,  with  all  convenient  speed,  and  likewise  that  you  de- 
part out  of  the  King's  Province,  according  to  an  agreement  made  by  your 
Bonn  Cheesechamut.  and  your  councellors  on  your  behalf,  bearing  date  the 
28th  of  December,  lGfio,  under  their  hands,  they  thereby  promising  to  depart 
from,  and  quit  that  place  called  the  King's  Province,  upon  receipt  of  certain 
Bumms  of  money  payable  unto  you,  by  the  inhabitants  of  Warwick,  as  appears 
by  the  said  agreement  under  their  hands,  which  said  summes  of  moneys  are 
already  paid  unto  you.  Wherefore,  I  expect  this  to  be  performed  and  re" 
solved  upon  by  you  before  my  returne  from  Capt.  Willits,  which  will  be  with- 
in this  week,  as  you  will  answer  the  contrary  at  your  utmost  perill.  Given 
under  my  hand  and  scale,  this  24th  day  of  February,  16G5. 

ROBERT  CARR. 

To  Pumham,  pretended  Sachem  on  Warwick  neck,  and  his  adherents. 


John  Eliot,  of  Roxbury,  to  Sir  Robert  Carr,  interceding  for 

Pumham. 

Sir  : 

It  is  his  Majesties  pleasure  to  command  us  to  dealc  well  with  the  poore  In- 
dians, and  hath  sent  your  selves,  his  Honourable  Commissioners,  to  promote 
the  same,  which  I  hope,  your  owne  generous  mind,  and  disposition  will  incline 
you  exemplarily  to  performc.  Pumham  and  his  people  have  suffered  much 
hard  and  ill  dealings  by  some  English  ;  and  there  hath  been  both  force  and 
fraud  used  towards  them,  to  drive  them  or  deceive  them  out  of  their  lauds. 
They  are  in  no  wise  willing  to  part  with  that  little  which  they  still  hold.  I 
beseech  you  'to  deale  honourably  by  them,  as  being  one  of  the  Honourable 
Commissioners  of  his  Majestic  Let  them  feele  and  find  in  you  the  effects  of  a 
noble  mind  towards  the  poore  and  helplesse,  who  are  sent  by  his  Majestie  to  #. 
Such  honourable  purposes,  that  your  actings  may  leave  upon  their  hearts  an 
impression  of  the  Poyall  and  benificent  affection  of  his  Majestie  towards  them. 
Thus  commending  all  these  matters  unto  the  Lord,  and  spreading  them  before 
him,  I  cease  to  give  you  further  trouble  at  present. 

_  Sir,  your  servant  in  the  Lord,  to  serve 
you  in  the  improvement  of  your 
honourable  Commission  in  the  ser- 
vice of  his  Majestie.  JOHN  ELIOT. 
Roxbury,  this  9th  of  the  11th,  '65. 

Endorsed. 

To  the  Bight  Worshipful]  Sir  Robert  Carr,  one  of  his  Majesties  Honora- 
ble Commissioners,  these  present. 


AND  PROVIDENCE  PLANTATIONS. 


135 


1665. 

Sir  Robert  Carr  in  reply  to  John  Eliot.  v-,^fc 

Warwicke,  February  28th,  1665. 

Sir: 

You,  and  others  (I  presume),  cannot  but  have  heard  of  the  order  command- 
ing Pumham's  removall  from  off  the  tract  of  land  called  by  the  name  of  War- 
wicke necke,  <fcc,  made  upon  good  grounds  by  nm3lf,  and  the  other  his  Mai" 
esties  Commissioners,  when  we  sate  here.  The  gentlemen  and  inhabitants  of 
"Warwick  makeing  it  appeare  that  they  had  sustained  divers  injuries  from  the 
said  Pumham  and  his  adherents,  and  particularly,  that  they  could  not  peacea- 
bly injoy  and  possess  that  their  lawfull  possession,  which  long  agon,  they  had 
honestly  purchased.  As  for  Pumham  and  his  peoples  suffering  by  much  hard 
and  ill  dealings  by  some  English  (as  you  report  in  your  letter  to  me,  he  had 
done),  and  that  there  hath  been  both  force  and  fraud  used  to  them,  &c.  Wee 
at  that  time  of  our  sitting,  found  no  such  matter,  nor  cause  of  complaint ; 
neither  do  I  at  present,  understand  whom  you  accuse  of  the  same  ill  dealings 
towards  them.  I  desire  you  to  take  notice  that.  I  judge  the  persons  imployed 
in  the  affaires  of  the  King's  Province,  were  well  satisfied  concerning  his  Maj. 
esties  Royall  and  beniticent  affections  towards  the  Indians,  and  will,  I  doubt 
not,  in  observance  thereof  epntinas.  as  they  have  in  some  measure  begun,  to 
take  care,  as  in  duty  they  are  bound,  to  let  them  understand  the  same,  though 
yourself  had  not  taken  upon  you  to  be  director.  I  require  you  to  make  such 
improvement  of  this  advertisement,  that  his  Majcstie  and  his  Commissioners 
may  be  noe  more  rendered  obnoxious  to  the  reproach  and  contempt  of  infidels 
and  others  his  said  Majesties  subjects,  by  your  and  others  iuterposeings  where- 
in you  and  they  are  not  concerned,  as  though  we  were  not  abb  to  order  the 
King's  affaires  in  these  parts,  without  your  advice  and  direction.  This  is  all 
for  the  present,  but  that  I  am 

Tour  loving  friend, 

ROBERT  CARR. 
Punihani  haveing  not  obeyed  the  above  said  order,  notwithstandinge  War- 
wicke gentlemen's  payment  to  him  of  the  summ  of  moneys  ordered  thereby  :  I 
(haveing  an  account  giveu  me  thereof)  have  not  acted  ill  towards  him,  as  you 
may  see  by  the  copies  of  transactions  since,  wliich  for  your  satisfaction,  I  have 
hereincloscd  sent  you. 

To  Mr.  John  Eliot,  of  Roxbury. 

Roger  Williams  to  Sir  Robert  Carr  in  relation  to  Pumham. 

Sir: 

My  humble  and  hearty  respects  presented,  with  humble  and  hearty  desires 
of  your  present  and  eternall  felicitie.  Haveing  heard  of  a  late  confederacy 
amongst  great  numbers  of  these  barbarians  to  assist  Pumham,  &c,  I  thought 
it  my  duty  to  wait  upon  your  Honours  with  these  humble  salutations,  and  ap- 
preciacions  of  the  safety  of  your  person,  not  to  be  easily  hazarded  amongst  such 
a  barbarous  scum  and  offscourings  of  mankinde.  Besides,  Sir,  this  is  an  old 
ulcerous  busines,  wherein  I  have  been  many  yeares  engaged,  and  have  (in  the 


136 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1665.  1'i'half  of  my^  lowing  friends  of  Warwicke)  pleaded  this  cause  with  the  whole 
^  .Gencrall  Court  of  the  Massachusets  magistrates  ami  deputies,  and  prevailed 
with  tlicni  to  vield,  that  if  1  and  Pumham  would  agree,  they  would  ratifie  our 
agreement.  1  Jut  Pumham  would  not  part  with  that  Neck,  on  any  termcs.  I 
crave  leave  to  add  (for  the  excuse  of  this  boldness),  that  the  natives  in  this 
Bay  doe  (by  my  promise  to  them  at  my  first  breaking  of  the  ycc  amongst 
them)  expect  my  endeavours  of  preserving  the  publick  peace,  which  it  hath 
pleased  God,  mercifully  to  help  me  to  doe  many  times  (with  my  great  hazard 
and  charge),  when  all  the  Colonies  and  the  Massachusets,  in  espeeiall,  have 
meditated,  prepared  and  been  (sometimes  many  hundreds)  upon  the  march  for 
war  against  the  natives  in  this  Colony.  Of  this  my  promise  and  duty  and 
constant  practice,  mine  owuc  heart,  and  conscience  before  God  ;  as  also  some 
natives  put  me  in  minde  at  present. 

1 .  First  then  (although  I  know  another  claime  laid  to  this  land  yet),  Pum- 
ham being  the  ancient  possessor  of  this  Lordship,  I  humbly  querie  whether  it 
be  just  to  dispossess  him  (not  only  without  consent,  which  fear  may  extort,  but 
without  some  satisfying  consideration).  I  had  a  commission  from  my  friends 
of  Warwicke  to  promise  a  good  round  value,  and  I  know  some  of  them  have 
desired  the  natives,  I  thought  it  cost  them  some  hundreds  of  pounds. 

2.  Your  Honor  will  never  effect  by  force  a  safe  and  lasting  conclusion, 
until!  you  first  have  reduced  the  Massachusets  to  the  obedience  of  his  Majes- 
tic, and  then  these  appendants  (towed  at  their  stern)  will  easily  (and  not  be- 
fore) wind  about  also. 

3.  The  busines  as  circumstantiated  will  not  be  effected  without  bloudshed  ; 
barbarians,  are  barbarians.  There  be  old  grudges  betwixt  our  country  men  of 
Warwick  and  them.  They  are  a  melancholy  people,  and  judge  themselves  (by 
the  former  Sachem  and  these  English)  oppressed,  and  wronged  ;  you  may 
knock  out  their  braincs,  and  yet  not  make  them  peaceably  to  surrender,  even 
as  some  oxen  will  die  before  they  will  rise  ;  yet  with  patience,  and  gentle 
mcancs  will  rise,  and  draw  and  doe  good  service. 

4.  These  barbarians  know  that  it  is  but  one  partie  in  Warwicke,  which 
claime  this  Neck,  the  greatest  part  of  the  towne  cry  out  against  the  other,  to 
my  knowledge,  and  the  natives  also. 

5.  The  natives  know  that  this  party  in  Warwick  are  not  only  destitute  of 
help,  from  their  own  townsmen,  but  of  the  other  townes  of  this  Colony 
also. 

G.  They  know  it  would  please  the  Massachusets,  and  most  of  the  other  Col- 
onies, that  Mr.  Gorton  and  his  friends  had  been  long  ere  this  destroyed. 

7.  They  know  that  Ninicroft  and  Pessicus  are  barbarians,  and  if  it  come 
to  blond,  and  that  at  the  first,  the  worst  be  to  the  English  (in  any  appear- 
ance), they  will  joyne  to  further  the  prey.  However,  if  King  Phillip  keepe 
his  promise,  they  will  bee  too  great  a  party  against  those  two  Sachims. 

8.  Lastly,  Sir,  wee  profess  Christianity,  which  commends  a  little  with 
peace ;  a  dinner  of  green  herbs  with  quietness ;  and  if  it  be  possible,  com- 
mandes  peace  with  all  men.  I  therefore  humbly  offer,  if  it  be  not  advisable 
(in  this  juncture  of  time)  to  lay  all  the  blame  on  me,  and  on  my  intercession, 
and  mediation,  for  a  little  further  breathing  to  the  barbarians  until]  harvest, 
in  which  truce  a  peaceable  and  loveing  agreement  may  be  wrought,  to  mutual! 
consent  and  satisfaction. 


t 


AND  PROVIDENCE  PLANTATIONS.  137 

Sir.  I  humbly  crave  yonr  Honours  gracious  pardon  to  this  great  boldness  1665. 
of  Your  most  humble  and  boundeu  servant. 

ROGER  WILLIAMS. 

Providence,  1  March.  1665  (ut  vulg). 

Endorsed. 

To  the  Right  Honourable  Sir  Robert  Carr.  one  of  his  Majesties  Hon- 
ourable Commissioners  for  New  England,  present. 


Sir  Robert  Carr  to  Lord  Arlington,  relative  to  Pumham 
and  Warwick  offairs. 

Sir: 

Since  Colonel  Cartwright  s  departure.  Mr.  Maverick  and  myself  have  sev- 
eral times  sent  you  copies  of  all  such  papers  as  we  could  possibly  come  by,  of 
our  transactions;  and  being  come  to  Xew  York,  I  find  that  Colonel  Xicolls 
hath  supplyed  our  wants,  iu  sending  of  the  account  of  those,  which  passed  be- 
twixt us,  and  the  Generall  Court  of  Boston,  which  we  could  not  possibly  scno\ 
when  we  sent  those  other,  Colcnel  Cartwright  leaving  noe  other  copies  of 
them,  but  what  he  left  with  Col.  Xicolls  :  and  he  being  at  such  a  distance,  we 
could  not  procure  them  in  time,  to  send  with  the  rest.  I  have  now  sent  again 
the  copies  we  sent  before. 

This  instant  twelve  months  ago.  we  sale  at  Warwick  in  the  Kings  Prov- 
ince, to  act  upon  our  tCommissione  there,  and  finding  the  inhabitants  of  that 
towne  to  be  severall  waves  damnified  by  one  Pumham.  an  Indian,  who  with 
his  company  (being  uuder  the  command  of  no  Sachim)  had  seated  themselves 
upon  a  tract  of  land,  called  Warwick  .. ec  ,  and  (»s  was  reported ),  were  incour- 
aged  to  keep  it.  from  the  lawfull  owners,  by  the  Massaehuse- s-Bay  government. 
Wee  made  an  order  for  their  removall.  as  you  may  understand  by  the  inclosed 
copy  thereof.  In  December  last.  I.  takeing  my  journey  towards  Xew  York, 
came  that  way,  and  being  informed  ;hat  Pnmham  had  not  obeyed  the  said 
orders.  I  went  myself,  with  some  of  the  inhabitant  unto  him,  and  caused  him 
to  take  the  moneys  ordered,  which  he  seemed  unwilling  to  receive,  and  depart  i 
wherefore  I  let  him  understand,  he  must  deparWbrthwhh  :  and  that  I  would 
goe  to  Pessicus  and  tender  him  the  moneyes  oraeTed  as  a  present  unto  him.  if 
he  would  find  him  a  place  to  live  upon  in  the  King's  Province;  he  sent  his 
sonne,  with  some  of  his  Councel  to  meet  with  Pessicus  to  determin  the  matter  : 
but  coming  to  a  place  in  the  Kiug's  Province,  called  Mr.  Sn  ith  soe  trading 
house,  where  we  were  to  meet,  I  could  make  no  conclusion  with  him  according 
to  that  our  order,  for  he  was  unwilling  to  submit  to  Pessicus.  and  it  would 
have  occasioned  trouble,  and  ill  consequences,  to  have  prosecuted  the  order  by 
force,  ettc.  Wherefore  I  made  a  proposal  to  him.  that  if  he  would  depart 
from  that  Xeck  and  the  King's  Province.  I  would  give  him  that  ten  pound 
which  Pessicus  should  have  had.  He  desired  time  till  nest  mornin?.  to  take 
councell  about  it,  which  being  granted,  he  then  returned  answer.  If  the  in- 
habitants of  Warwick,  woald  pay  him  ten  pounds  more,  he  would  quit  their 
Xeck  and  the  King's  Province,  and  never  returne  to  inhabit  there  anv  more. 
I  gave  him  the  ten  pounds,  and  so  concluded  with  him,  and  Warwick  treutle- 
men  (through  my  perswasions)  payd  him  the  other  ten  pounds  ;  from  thence  T 

VOL.  II.  17x 


• 


< 


138  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GG5.  wcnt  over  to  Rhode  Island,  but  an  cxtrcam  frost,  the  like  scarce  known  here, 
^^^^y  block't  up  the  Island,  so  thai  I  could  not  stirr  from  thence  till  about  the  lat- 
ter end  of  February,  about  which  time  it  broke  up.  Puinham  still  making  no 
preparation  for  Ids  departure,  occasioned  me  then,  to  go  over  to  Warwick 
again,  where  it  was  reported  to  me,  that  he  had  a  letter  from  the  Governor  of 
the  Massaehusets  for  me,  which  when  1  came  to  receive,  it  proved  one  from 
Mr.  Eliot,  a  minister  of  Roxbury,  of  whome  Pumham  ordinarily  takes  eoun" 
cell  ;  but  (if  credit  may  be  given  to  the  Indians),  they  said,  the  Governor  was 
there  present  when  it  was  delivered  to  them  to  be  sent  to  me.  This  with 
•  some  other  actions  of  theirs,  puts  it  out  of  question,  that  the  Massaehusets  arc 
as  unwilling  to  let  the  people  in  these  southern  parts  rest  under  his  Majesties 
government,  as  them  of  the  eastern  in  the  Province  of  Maine.  I  have  sent 
you  a  copy  of  Mr.  Eliot's  letter.,  and  of  my  answer  to  him,  with  the  transac- 
tion concerning  Puinham  ;  as  also  of  one  from  Mr.  Williams,  an  ancient  man, 
one  (1  think)  that  meant  none  ill  in  sending  it,  being  misinformed  as  others  arc 
by  ill  affected  persons,  who  (in  answer  to  my  request)  came  some  four  days 
after  to  me  about  it;  received  satisfaction  concerning  our  proceedings,  and 
then  was  very  much  instrumental  in  forwarding  Pumham's  removal!,  who  with 
his  company  are  removed,  and  I  hear  nothing  for  the  present,  but  that  all  per- 
sons there,  are  well  satisfied  about  it. 

Sir,  we  are  in  a  very  sad  condition,  if  we  have  not  some  relief  very  shortly  ; 
being  in  a  country  that  is  very  poore,  and  our  credits  nothing  at  all  at  Bos. 
ton,  where  any  thing  is  to  be  had.  As  for  my  owne  particular  concernments, 
I  have  sent  to  you  severall  times,  which  I  hope  your  Honour  will  be  pleased  to 
take  notice  of.  I  gave  your  Honour  formerly  a  hint,  if  his  Majestie  have  not 
already  disposed  of  Delaware,  that  it  would  be  a  considerable  place  for  a  trade 
to  belong  to  his  owne  Province,  and  it  would  be  both  nsefnll  and  beneficiall 
for  the  inhabitants  of  that  place.  I  desire  that  you  would  be  pleased  to  ac- 
quaint his  Majestie  with  the  same,  and  to  communicate  this  advice  to  none  besides, 
least  I  becom  prejudiced  thereby  ;  Ihope  the  Lord  will  strengthen  me  with  health 
that  once  more  I  may  see  his  Majesties  face,  to  vindicate  myself  from  all  as- 
pertions,  and  to  let  his  Majestie  understand,  that  all  my  actions  in  these  parts 
hath  been  altogether  to  settle  his  interest  and  concernments. 

I  perceive  by  the  last  letter  seut  unto  me  by  the  Justices  of  the  Province  o 
Main  (a  copy  of  which  I  hawe  amongst  the  others,  herewith  sent  you,  as  also 
of  another  sent  by  the  same  persons  to  Col.  Nicholls),  that  their  fears  do  still 
continue,  which  by  the  approbation  and  advice  of  Col.  Nicholls  shall  be  at- 
tended, and  (I  hope)  removed,  by  Sir, 

Your  most  afl'ectionat  and 

Faithfull  servant, 
(Signed)  ROBERT  CARR. 

New  Yorke,  April  9th,  16G6.* 


From  .1.  Carter  Brown's  Manuscripts,  Vol.  i.  Nos.  G4— 71  and  73. 


* 


And  providence  plantations.  139 

1666. 


Proceedings  of  the  Generall  Assembly,  held  at  Newport* 
March  27,  166G. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  "William  Brenton,  deputy  Governor. 


ASSISTANTS. 


Mr.  John  Card, 
Mr.  James  Barker, 
Mr.  Edward  Smith, 
Mr.  William  Carpenter, 
Mr.  Arther  Fenner, 


Mr.  John  Browne, 
Mr.  William  Baulston, 
Mr.  Samuell  Wilbour^ 
Mr.  John  Greene, 
Mr.  John  Weekes. 


DEPUTIES . 

Mr.  Nicholas  Easton,  Mr. 

Mr.  William  Coddington,  Mr. 

Mr.  John  Easton,  Mr. 

Mr.  John  Clarke,  Mr. 

Mr.  Peter  Easton,  Mr. 

Mr.  Henry  Bull,  Mr. 

Mr.  Eichard  Scott,  Mr. 

Mr.  Thomas  Burden,  Mr. 

Mr.  John  Smith,  Mr. 


Thomas  Clemants, 
William  Hall, 
Lot  Strange, 
John  Briggs, 
William  Woodall, 
James  Greene, 
Edmund  Calverly, 
Richard  Carder, 
Amos  Westcott. 


The  deputy  Governor  chosen  Moderator. 
Joseph  Torrey,  Clarke  of  the  Assembly. 

Ordered,  that  the  petition  of  Capt.  William  Hudson,  caPt.  hu<i- 

A  son's  peti- 

Mr.  Edward  Hutchinson,  &c,  presented  to  the  Honoura- tion- 
ble  Sir  Robert  Carr,  and  his  answer  thereto,  be  read  in 
this  Assembly. 


140  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1666.      T    the  ffon'ble  Coll.  Cartwright  and  Mr.  Sam'll  Maverick,  two  of  li is 

Majesties  Commissioners,  ettc. 

The  petition  of  ("apt.  Win.  Hudson,  John  Paine  and  others  concerned 
in  the  Xarragansitt  and  Nnyantiok  countries, 

Humbly  Bheweth.  Tliat  forasmuch  as  your  petitioners  have  found 
much  disturbance  to  the  great  hindrance  of  his  Majestyes  Plantation,  and 
detriment  to  his  faythf'ull  sulijects,  by  the  inhabitants  of  Rhode  Island, 
and  such  as  pretend  to  belong  to  that  Collonie,  all  our  best  endeavours 
for  an  issue  of  those  troubles  hitherto  ineffectual!,  as  f order  appeares  by 
a  late  action  of  ten  or  twelve  men,  in  ariotus  w<iy,  P  lling  downe  a  house, 
the  like  to  which  hath  bene  formerly  acted  with  other abusses  not  tolerable. 

Yopr  petitioners,  therefore  pray,  that  your  Honours  please  to  hearo 
his  Majestyes  gratious  letter  to  the  united  Colonies,  and  their  letter 
to  Rhode  Island  thereupon,  with  what  else  is  needfull  to  your  infor- 
mation ;  whereupon,  wee  cannot  doubt  your  Honors,  will  see  cause 
to  write  to  that  government  of  that  Island,  and  to  the  men  of  Potto- 
comscatt,  whose  insolencies  are  before  mentioned.  To  require  that 
they  interrupt  not  your  petitioners  proceedings  in  planting  the  said 
country  according  to  Jris  Majesties  letter,  and  their  just  rights.  Al- 
soe,  that  they  proceede  noc  further  in  their  planting  untill  the  matter 
bee  determined  betweene  themselves,  Conecticott  and  others  the  pro- 
prietors of  the  said  lands.  And  your  servants  shall  ever  pray,  ettc 
— J.  Carter  Brown's  Manuscripts,  Vol.  i.  No.  45. 

Ordered,  that  the  matter  proposed  by  the  Governor, 
relating  thereto  be  soe  far  taken  into  consideration  as 
uT/nextday  tho  it  be  waved  for  the  presant,  because  it  is  soe  late  in 
the  day  that  the  Court  sees  cause  to  adjourne,  untill  to 
morrow  eight  of  the  clock,  and  then  the  aforesaid  occa- 
siones  to  be  revised  againe  and  to  be  proceeded  in  accord- 
ing as  may  be  thought  best  by  the  Assembly. 

Whereas,  the  last  night  there  was  a  reference  by  the 
Court  of  the  petition  of  William  Hudson,  Edward  Hutch- 
tioenirrrteurn-mson5  &c->  presented  to  Sir  Robert  Carr,  &c,  and  the 
cUer'nor.   answer  of* his  Honour  to  them  againe:  and  it  haveing 
been  agetated  in  Court,  the  vote  is  that  the  aforesaid  pe- 
tition and  answer  is  returned  to  the  Governor  againe. 

Whereas,  the  Court  have  been  informed  by  Mr.  Randall 
Howldon  that  Mr.  James  Greene,  Mr.  Edmund  Calverly, 
^pu"rese  M*«  Richard  Carder,  and  Mr.  Amos  Westcott  are  chosen 
Mderpecodrded  deputyes  for  the  towne  of  Warwicke,  the  Court  doe  order 
that  the  aforesaid  men  be  called  and  placed  on  record  as 
deputyes  for  that  towne. 


AND  PROVIDENCE* PLANTATIONS. 


141 


There  baveing  been  a  long  agetation  about  the  engage-  166G. 
ment  that  was  enacted  and  agreed  upon  by  the  Gennerall  ^-»-v-*. 

°  1  J  A  Coramit- 

Assembly  in  May  last,  that  is  thought  to  be  hard  on  the 
consciences  by  many,  the  Assembly  after  much  debate, meut- 
have  thought  fitt  to  choose  a  Committee  to  consider  of  a 
way  to  mittigate  the  aforesaid"  engagement,  and  to  that 
end  to  draw  vp  their  thoughts  and  present  it  to  the  As- 
sembly to  morrow  morning  by  eight  of  the  clock. 

The  men  chosen  are  the  Governor  and  Mr.  Nicholas 
Easton. 

The  returne  of  the  Committee. 


The  Assembly  having  seriouesly  weighed  the  inconven-  The  answer 

JO  »  0  of  the  com- 

iencyes  that,  at  presant  appeare  in  this  Collony  by  reason  mi,tee- 
that  many  such  as  have  been  able  and  well  quallified  active 
members  in  carrying  on  the  afaires  of  this  Corporation,- 
are  now  made  incapable,  for  that  they  cannot  give  the  en- 
gagement in  that  very  forme  that  was  contrived  by  the 
seriouese  advice  of  the  Gennerall  Assembly  in  May, 
1665,  and  judged  to  be  suitable  to  answer  the  most  tender 
consciences  in  the  performance  of  their  duty  to  his  Majes- 
tye,  and  to  the  Collony  ;  but  some  termes  there  in  seeming 
to  some  too  much  touching  on  the  conscience,  which, 
whether  it  happen  for  want  of  understanding  the  scope  of 
the  termes,  or  by  indeed  seeing  somewhat  that  is  inconsist- 
ant  with  religioues  concearnments.  The  Assembly  being 
(as  far  as  they  can  justifie  themselves  therein)  really  wil- 
linge  to  indulge  men's  consciences,  or  that  sollomly  pro- 
fese  soe  to  bee  ;  doe  therefore,  for  the  satisfaction  of  all 
such  order  and  declare,  that  such  as  are  free  in  their  con- 
sciene,  soe  to  doe,  give  the  engagement  afore  mentioned, 
composed  by  the  Gennerall  Assembly  abovesaid  ;  or  if 
they  rather  choose  to  give  the  oath  of  alegiance  now  re- 
quired in  England,  that  shall  be  taken  ;  but  if  any  pro- 
fese  that  there  are  some  wordsjin  either,  which  in  conscience 
they  cannot  condescend  to  say  or  vse  ;  yett  if  either  in 
open  Court  or  before  two  magistrates  that  are  engaged  as 


142  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GGC.  by  a  former  law  of  the  Collony  is  therefore  made  ;  ,'iny  such 
v-^~v~"*''  person  that  soe  doth  sollomly  profese  that  his  conscience 
is  straightened  as  aforesaid,  yet  can  and  doe  in  words  sig- 
nificant, there  declare  his  alegiance  and  submission  to  his 
Majestyes  government,  as  hee  is  supreame  head  of  the 
nation  ;  and  doe  profese  scriouesly  that  they  resolve  and 
engage  to  yeald  obediance,  actively  or  passively,  to.  the 
lawes  made  by  vertue  of  his  Majestyes  authority  ;  every 
such  soe  promising  or  engaginge,  shall  be  restored  or  ad- 
mitted vnto  the  privilidgc  of  a  freeman  of  this  Cor- 
poration, any  former  law  to  the  contrary  hearof  notwith- 
standing. 

Presented  to  the  Assembly,  and  signed  March  29, 
1G66.  BENEDICT  ARNOLD, 

NICHOLAS  EASTON. 

Whereas,  the  Court  haveing  considered  a  letter  from 
a  letter  from  the  towne  of  Warwicke  that  was  directed  to  the  Governor 

Warwicke 

considered.  DCpUty  Governor  and  Counsell,  wherein  they  complain  of 
the  burden  that  they  conceive  is  imposed  on  them  in  a 
late  rate  made  by  the  Assembly,  the  Court  doe  order  that 
a  letter  shall  be  sent  to  them  from  the  Court,  to  pro- 
vocke  and  stirr  themup  to  pay  the  rate  spedilye. 

The  Governor  is  desired  to  draw  up  a  letter  and  to  pre- 

An  answer,  sent  it  to  the  Court  to  morrow  morning  by  eight  of  the 
clock. 

Ordered,  that  the  Recorder  shall  draw  vp  another  of  the 
same  nature  to  the  towne  of  Providence. 

Vpon  the  request  of  Joseph  Torrey  to  the  Court,  for 
Left.  Torrey  satisfaction  for  his  jurneye  to  Southertowne  to  treat  with 
forKoWto  Connetticott  Commissioners,  by  order  of  the  Assembly, 

Couecticutt.  J  «  * 

October  26,  1664,  the  Court  doe,  for  his  satisfaction,  alow 
him  fowre  pound  starling,  to  be  payd  by  the  Gennerall 
Treasurer. 

Whereas,  the  towne  of  Portsmouth,  by  their  magis- 
portsmouth  trates  and  deputyes  have  recpiested  that  the  Assembly  will 
petltlon-    g^ve  them  in  pertickeler  leave  to  capitulate  with  Mr.  John 


AND  PROVIDENCE  PLANTATIONS.  143 

Clarke  coneerninge  their  rate,  and  if  hee  and  they  can  1666. 
agree,  that  they  may  pay  in  their  whole  surae  to  himselfe  : 
and  that  Mr.  John  Clarkes  receitt  therefor  may  be  their 
discharge  in  that  respect,  as  well  as  if  it  had  been  payd  to 
the  Gennerall  Treasurer,  &c.  The  Assembly  doe  grant 
their  request  thereby,  however,  not  intending  but  the  or- 
der formerly  made,  of  paying  the  rate  into  the  Gennerall 
Treasurer  shall  stand  in  forse  to  other  townes  and  places. 
"Whereas,  there  hath  been  verdict  of  jury  and  judgment,, 

'  J.JO  Concerning 

of  Court  for  William  Harris,  plaintiffe,  against  John  Hot-  ^"icf""3 
rod,  defendant,  as  by  the  records  of  the  Gennerall  Court ham'cmtf" 
of  Trialles,  held  for  this  Collony  at  Newport,  the  eighth  of 
March,  1663,  it  doth  appeare,  and  exicution  having  been 
therevpon  granted,  which  is  not  as  yett  served,  as  by  a 
petition  and  complaint  presented  vnder  the  hand  of  Wil-- 
liam  Harris  vnto  this  Assembly,  and  praying  for  justice 
therein  ;  it  doth  appeare,  and  the  Court,  vpon  diligent  in- 
rpuirey  finding  that  the  Eight  honourable  Sir  Robert  Carr, 
Knight,  Colonell  George  Cartwright,  and  Esquire  Maver- 
ick haveing  had  addresses  made  to  their  honours  about  the 
matter,  did  take  cognizance  thereof,  signifying  their  pur- 
pose to  heare  and  issue  the  same,  which  their  Honours 
purposses  were  frustrated  by  other  waighty  afaires,  soe  as 
they  could  not  end  it  for  want  of  time,  and  soe  weare 
faine  to  leave  it  as  they  found  it,  which  said  proceedings 
occasioned  a  suspension  of  searving  the  said  exicution  ; 
wherevpon  the  said  William  Harris,  makeing  his  address- 
es to  the  Right  honourable  Colonell  Richard  Xicolles,  &c, 
praying  for  justice  in  the  matter.  The  said  honourable  . 
gentlemen,  Colonell  Nicolles  and  Esquire  Samuell  Maver- 
icke  therevpon  recommendinge  the  matter  for  a  full  hear- 
ing and  determination  vnto  the  Governor,  deputye  Gov- 
ernor and  Assistants  of  this  Collony,  desiring  it  might  be 
spedily  determined  ;  but  the  said  Governor,  finding  the 
matter  beyond  the  power  of  their  owne  authority  to  say 
ought  in  the  matter  as  to  judge  farther  therein,  seeing  it 
had  already  passed  as  abovesaid,  in  a  Court  of  Records,  as 


144 


RECORDS  OP  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  the  said  Governor  and  magistrates  declare  in  open  Court 
**«"v*w  withali  declaring  that  as  now  the  matter  is  circumstantiat- 
ed, it  must  or  can  be  noe  other  power  in  this  Collony  can 
determine  pro  or  con  as  to  the  advice  about  scarving  or 
farther  suspending  the  exicution  above  premised,  but  a 
law  makeing  Assembly  ;  and  it  being  also  cleare  vnto  this 
Assembly  that  they  ought  to  take  notice  of,  and  resolve  in 
the  matter,  haveing  therevpon  seriously  wayed  the  same, 
doe  cnacte,  advise  and  declare  that  exicution  of  the  judg- 
ment of  Court  abovesaid  be  exicuted  without  farther  de- 
lay, as  in  such  case  the  law  made  by  his  Majestyes  au- 
thority doe  require. 

Whereas,  by  former  order  vpon  the  case  commenced  by 
Mr.  cod'nB  Mr.  Coddington  against  Mr.  Dyre,  about  killing  a  mare  of 

dington  and  c  °  J  ° 

Mr.Dyro.  ]y[r>  Coddiugton's,  and  there  haveing  been  verdict  of  jury 
and  judgment  thereon,  and  there  having  been  an  addrese 
made  by  Mr.  Dyre  to  the  King's  Commissioners,  and  they 
againe  referring  it  to  the  Gennerall  Assembly,  by  which 
there  was  a  stope  put  to  the  exicution  ;  and  the  Assembly 
in  October  did  endeaver  to  have  perswaded  both  the  par- 
tyes  concerned  to  a  loving  composure  without  farther  pro- 
ceedings in  law,  but  could  not  accomplish  the  thinge  prest 
.  for  ;  and  Mr.  Coddington  haveing  requested  the  Court  that 
the  Sargant  may  be  impowered  to  serve  the  exicution  in 
the  case  ;  the  Court  haveing  wayed  the  matter,  doe  or- 
der that  exicution  shall  proceed  and  goe  on,  any  former 
order  to  the  contrary  notwithstanding. 

The  Assembly  having  taken  notice  of  the  motion  from 
Depu"e9irg  the  townes  of  Portsmouth  and  of  Warwick,  desiring  the 
8,ttlDgapart  Assembly  would  order  that  the  deputy es  may  sitt  apart 
from  the  magistrates  as  a  House  by  themselves  ;  and  con- 
sequently the  magistrates  to  sitt  as  a  House  by  them- 
selves :  and  that  of  these  two  houses  may  consist  the  law 
makeing  power,  called  in  the  Charter  the  Gennerall  As- 
sembly of  this  body,  collony,  or  corporation  of  Rhode 
Island  and  Providence  Plantationes.  And  this  present 
Assembly  haveing  well  weighed  such  conveyances,  and 


AND  PROVIDENCE  PLANTATIONS. 


14a 


such  eoasiderationes  as  may  perswade  to  grant  the  same,  1666. 
and  yett  to  provide  against  such  inconvenianeves  as  may  >**^-*»- 
for  want  of  mature  and  sound  advice  proceed  therefrom, 
doe  in  this  presant  Assembly  enacte  and  declare  that  it  is 
freely  agreed,  that  the  request  of  the  townes  aforesaid,  be 
granted  and  ordered,  that  the  magistrates  sitt  by  them- 
selves, and  the  deputyes  by  themselves,  and  that  each 
house  soe  sitting  have  equal  power  and  priviledge  in  the 
proposeing,  composing  and  propagating  any  act,  order 
and  law  in  Geunerall  Assembly  ;  and  that  neither  house 
in  Geunerall  Assembly  shall  have  power  without  the  con- 
currence of  the  maj  our  part  of  the  other  House,  to  make 
any  law  or  order  to  be  accounted  as  an  acte  of  the  Gen- 
nerall  Assembly.  This  in  gennerall,  is  fully  ordered,  with 
a  recommendation  of  the  more  pertickelar  and  methodicall 
settleinsr  the  waves  and  circumstances  of  ordering  and 
regulating  the  afaires  in  each  house  and  addresses,  &c, 
from  the  one  house  to  the  other,  vnto  the  consideration 
of  the  Gennerall  Assembly,  that  is  to  sitt  the  first 
Wednesday  in  the  month  of  May,  now  next  enstiinge  : 
where  it  is  hopefully  expected  the  matter  may  be  fully 
debated  and  sett  in  a  good  way  vpon  more  deliberation 
than  this  presant  time  can  afford.  The  Court  haveing  al- 
redye  sate  long  on  other  weighty  matters  that  lay  before 
them. 

Ordered,  that  the  Recorder  shall  have  for  his  atendance 
on  the  Gennerall  Assembly  in  October,  and  for  the  As- 
sembly now  in  March,  1666,  for  coppies  of  both,  twenty 
five  shillings  from  each  towne. 

Ordered,  that  coppies  shall  spedily  goe  forth  vnder  the 
seale  to  each  towne.  • 

VOL.  II.  19 


H6 
166G. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Proceedings  of  the  Generall  Assembly  held  at  Newport, 
May  the  2,  1666. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  William  Brenton,  Deputye  Governor. 


ASSISTANTS. 


Mr.  John  Card, 
Mr.  James  Barker, 
Mr.  Edward  Smyth, 
Mr.  William  Carpenter. 
Mr.  Arther  Fenner, 


Mr.  John  Browne, 
Mr.  William  Baulston, 
Mr.  Sanmell  Wilbore, 
Mr.  John  Greene, 
Mr.  John  Weeks. 


DEPUTIES. 

Mr.  John  Clarke,  Mr. 

Mn  Nicholas  Easton,  Mr. 

Mr.  William  Coddington,  Mr. 

Mr.  Peter  Easton,  Mr. 

Mr.  John  Easton,  Mr. 

Mr.  Henry  Bull,  Mr. 

Mr.  John  Throckmorton,  Mr. 


William  Harris, 
Thomas  Harris, 
Edward  Enman, 
John  Sanford, 
Thomas  Lawton, 
William  WoodeU, 
John  Albro. 


Mr  William  Brenton,  Deputy  Governor,  chosen  Mod- 
erator. 

John  Sanford,  chosen  Clarke  of  the  Assembly. 
Voated,  the  Court  adjourned  to  give  way  for  the 
election. 


At  the  Generall  Election  held  at  Newport,  May  the  2, 

1666. 

Mr.  William  Brenton,  chosen  Governor,  and  ingaged. 
Mr.  Nicholas  Easton,  chosen  Deputy  Gov'r,  and  ingaged. 


AND  PROVIDENCE  PLANTATIONS. 


147 


Mr.  William  Coddington,  chosen  Assistant  and  ingaged.  1665. 

Mr.  Richard  Tew,  chosen  Assistant  and  ingaged. 

Mr.  John  Easton,  chosen  Assistant  and  ingaged. 

Mr.  William  Carpenter,  chosen  Assistant  and  ingaged. 

Mr.  Thos.  Olnye,  Sen'r,  chosen  Assistant  and  ingaged. 

Mr.  William  Harris,  chosen  Assistant  and  ingaged. 

Mr.  William  Baulston,  chosen  Assistant  and  ingaged. 

Mr.  Sam'll  Wilbore,  chosen  Assistant  and  ingaged. 

Mr.  Richard  Carder,  chosen  Assistant. 

Mr.  Benjamin  Smyth,  chosen  Assistant  and  ingaged. 

John  San  ford,  chosen  Generall  Recorder  and  ingaged. 

Mr.  James  Rogers,  chosen  Gen'll  Sargant  and  ingaged. 

Mr.  John  Coggeshall,  chosen  Gen' 11  Treas'r  and  ingaged. 

Mr.  John  Easton,  chosen  Gen'll  Aturny  and  ingaged. 

Mr.  William  Dyre,  chosen  Solicitor  and  ingaged. 

Mr.  William  Reape,  Mr.  Peleg  Sanford,  Roger  Bastord, 
Mr.  Walter  Clarke,  Thomas  Rogers  and  John  Reed,  John 
Stanton  and  Symon  Cooper,  all  of  the  towne  of  Newport, 
and  beinge  by  their  Towne  Clerke  presented,  are  admitted 
freemen  of  the  Collony. 

George  Halsall,  inhabiting  in  Newport,  and  haveing 
presented  himselfe,  is  admitted  a  freeman  of  this  Collony. 

Soe  many  of  the  towne  of  Providence  in  the  list  pre- 
sented by  their  Towne  Clerke,  who  are  not  alredy  ad- 
mitted, are  now  admitted  by  this  Court  freemen  of  this 
Collony. 

Those  presented  by  the  Towne  Clerke  of  Portsmouth, 
are  admitted  freemen  of  the  Collony, 

The  list  from  the  fowne  of  Warwick,  vnder  the  hand  of 
their  Towne  Clerke,  soe  many  of  them  who  are  not  alredy 
admitted,  are  now  admitted  freemen  of  the  Collony. 

Ordered,  that  the  Generall  Serjant  shall  goe  to  Mr.  Jo- 
seph Torrey,  the  late  Generall  Recorder,  to  desire  him, 
either  to  bring  or  send  the  Booke  of  Records  of  the  lawes 
and  orders  of  this  Collony  into  this  present  Assembly., 


148 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1606.      Ordered,  that  the  Generall  Sergant  be  sent  vnto  Mr, 
v-***-**/  Benedict  Arnold,  Mr.  John  Card,  Mr.  Edward  Smyth  and 
Mr.  John  Greene,  that  it  beinge  by  law  their  liberty  to 
sitt  and  act  in  this  presant  Assembly  as  Deputies,  the 
Court  doc  desire  their  assistance. 

Voated,  that  summons  be  sent  from  this  Court  to  the 
Assistants,  which  were  this  last  election  chosen,  to  apeere 
and  give  ingagements  to  their  offices. 

Ordered,  Unit  whereas,  Mr.  William  Blaxton  hath  putt 
up  a  petition  to  this  Assembly  (Cor  reliefe  in  refferance  to- 
some  mollestation  from  some  of  Plymouth  Collony  in  dis- 
turbing of  him  in  the  possession  of  his  lands),  the  sayd  pe- 
tition is  putt  upon  record ;  and  the  Court  doe  order,  that  if 
his  land  fail  to  be  under  the  jurisdiction  of  this  Collony, 
they  shall  be  ready  and  willinge  to  afford  him  all  legall 
justice  therein. 

Theauditt  Ordered,  that  Mr.  William  Coddington  and  Capt.  John 
Treasures  Cranston  are  chosen  and  authorized  to  auditt  the  accompts 

accounts.  L 

of  the  Generall  Treasurer,  Mr.  John  Coggcshall,  and  the 
result,  vnder  their  hands  beinge  presented  vnto  the  Gen- 
erall Recorder,  is  by  hiin  to  be  kept  in  the  publirpie 
records  of  the  Collony. 

Whereas,  this  present  Assembly  haveing  long  waited  on 
the  countries  service,  and  findinge  a  want  of  the  Deputies 
from  the  severall  towncs,  soe  that  they  cannot  proceed  to 
the  caryinge  on  of  the  publicke  affaires  :  doe  therefore 
adjournc  this  presant  Assembly,  vntill  the  twelfth  day  of 
June  next. 

John  cog-  Wee,  Mr.  William  Coddington  and  John  Cranston, 
^'counts'9  Sen'r,  being  appoynted  or  chosen  by  the  Gennerall  As- 
juy^iceG.sembly,  sitting  at  Newport  the  first  day  of  May,  in  the 
yeare  166G,  for  to  auditt  the  accounts  of  Mr.  John  Cog- 
gcshall, Generall  Treasurer  for  the  Collony,  doe  find 
vpon  the  pervseall  of  his  accounts,  that  vpon  the  ballance 
of  all  accounts  betwext  the  Collony  and  the  abovsaid  Mr. 
Coggeshall,  there  is  due  to  Mr.  Coggeshall  from  the  Col- 


A>"T>  PROVIDENCE  PLANTATIONS. 


149 


lony  the  foil  and  just  summe  of  one  pound,  thirteen  shil-  1660. 
lings  and  ten  pence,  as  wittnes  our  hands  the  fowrth  day 
of  Mav,  1666.  WILLIAM  CODDIXGTOX,  * 

JOHX  CRANSTON. 

Letter  from  the  King  to  Bhcde  Island* 
CHARLES  E. 

Trusty  and  "well-beloved,  wee  greet  yon  well  :  Laving  received  soe  full 


and  satisfactory  account  from  oar  Commissioners,  both  of  the  good  re- 
ception yea  hare  given  them,  and  alsoe  of  yonr  dutifulnesse  and  obedi- 
ence to  □>  :  wee  cancct  but  let  yoa  know  bow  much  wee  are  pleased 
tb»-rewit*!,  jndain"-  tfcat  respect  of  yours  towards  our  officers  to  bee  the 


true  and  nttarall  fruit  which  demonstrates  what  fidelity  and  affection, 
towards  as  is  rooted  in  your  hearts.  And  although  yoar  carriage  doth 
of  itseife  most  jastiy  deserve  our  praise  and  approbation :  yet  it  seeias  to 
bee  set  off  with  tLe  more  lustre  by  die  contrary  deportment  of  the  Colo- 
ny of  the  Massachusets,  as  if  by  their  refractoriness,  they  had  designed 
to  recommend  and  heighten  the  merits  of  yoar  complyance  with  our  di- 
rections for  the  peaceable  and  good  government  of  our  good  subjects  in 
tbo*e  parts.  Too  may  therefore  assure  yourselves  that  wee  shall  never 
bee  UKaisdful!  of  this  your  kyall  and  dutiiall  behavior,  but  shall,  upon 
all  occasions,  take  notice  of  it  to  your  advantage  :  prouusiatg  yoa  oai 
eanstact  protection  and  BoyaD  favour  in  all  things  that  may  eoncerae 
tout  safetv,  ',^ea-:e  ace  welfare-    And  bid  voa  farewell.  Given 

at  our  Court,  at  Whitehall,  the  10th  of  April],  1666,  in  the  13th  year  of 
oar  reigne.  • 

By  his  Majestyes  command.  WM.  MORICE. 

To  our  trusty  and  well  beloved  the  Gov'r  and  Council 
of  the  Colony  of  Rhode  Island,  in  New  England. 


L50  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GG6. 


Proceedings  of  the  Gcnerall  Assembly  held  for  the  Collonij 
of  Rhode  Island  and  Providence,  Plantations  at  Newport, 
the  4th  of  September,  1G66. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Eastoo,  Deputy  Governor. 

ASSISTANTS. 

Mr.  William  Coddington,      Capt.  Thomas  Harris, 
Mr.  Richard  Tew,  Mr.  William  Baulston, 

Mr.  John  Easton,  Mr.  Samuel  Wilbore, 

Mr.  William  Carpenter,       Capt.  John  Greene, 
Mr.  William  Harris,  Mr.  Benjamin  Smyth. 

DEPUTIES. 

For  Newport.  For  Portsmouth. 

Mr.  John  Clarke,  Mr.  John  Tripp, 

Capt.  John  Cranston,  Mr.  John  Anthony, 

Left.  Joseph  Torrey,  Left.  John  Albro, 

Mr.  William  Dyre,  John  Sanford. 

Mr.  Edward  Smyth,  For  Warwick. 

Mr.  Thomas  Ilarte.  Mr.  Samuell  Gorton, 

For  Providence.  Capt.  Randall  Houlden, 

Mr.  John  Throckmorton,      Mr.  John  Weeks, 
Left.  John -Whipple,  Mr.  Edmund  Calverly. 

Mr.  Edward  Enman. 

The  Governor,  Mr.  Wm.  Brenton,  chosen  Moderator. 

John  Sanford,  chosen  Clarke  of  the  Assembly. 

Voated,  that  a  copie  of  the  Charter  be  read  openly, 
which  was  accordingly  done. 

Voated,  that  what  matters  doe  concerne  this  present 
Assembly  shall  forthwith  be  debated  and  acted,  and  that 


ASD  PROVIDENCE  PLANTATIONS. 


151 


the  Magistrates  and  Deputies  sitt  and  act  together  this  1666. 
present  Court :  and  that  the  law  made  the  27th  of  March,  s-*"^~*"-' 
1666,  concerninge  their  sitting  apart,  be  referred  to  the^p^'*- 
further  consideration  of  the  Generall  Assembly  in  October 
next. 

Voated,  that  a  boate  be  forthwith  procured  and  sent  to£^S££S* 
Warwick  to  signify  to  the  Magistrate  and  Deputvs  of  that 
towne,  the  Courts  desire  of  their  advice  and  assistance. 
Mr.  Thomas  Harte  is  desired  to  procure  a  boate  and  hands 
to  goe  to  Warwick,  the  charge  whereof  is  to  be  paid  by 
the»Gennerall  Treasury.  . 

Voated  the  Clarke  of  this  Assembly  is  desired  to  signify 
by  writtinge  to  the  gentlemen  of  Warwick,  the  Courts  de- 
sire of  their  assistance,  and  that  Mr.  Carpenter  is  desired 
to  come  with  them. 

Voated,  that  the  Charter,  with  his  Majestyes  letters,  2*2?*^ 
and  such  other  writtings  as  concerne  the  Collony,  which 
now  are  in  the  custody  of  Mr.  Benedict  Arnold,  the  late 
Govesnor,  be  sent  for,  and  brought  to  this  present  Assem- 
bly ;  the  persons  chosen  to  demaund  and  receive  the 
same,  are  Mr.  William  Harris,  Left.  Joseph  Torrey  and 
John  Sanford ;  who  are  likewise  authorized  to  give  the 
said  Mr.  Arnold  a  discharge  for  what  they  receive  in  be- 
halfe  of  the  Collony. 

Voated.  that  the  receipt  given  to  Mr.  Arnold  by  the^^j*** 
Committee  sent  from  this  Court,  be  recorded,  they  have-SSmSS 
inge  according  to  their  trust  delivered  the  Charter  and 
other  letters  mentioned  in  the  sayd  receipt  unto  this  pres- 
ent Court,  and  are  hereby  discharged  thereof.    The  copie 
of  the  said  receipt  is,  vigt.: 

Accordinge  to  the  within  specified  order,  wee  have  ad- 
dressed ourselves  to  Mr.  Benedict  Arnold,  the  late  Gov'r 
of  this  Collony,  and'  have  from  him  received  his  Majestys 
gracious  Charter,  bearing  date  the  8th  day  of  July,  in  the 
fifteenth  yeare  of  his  reigne  ;  also  a  letter  from  his  Maj- 
estye  under  his  Secretary  Bennett's  hand,  dated  the  23d  of 


152 


RECORDS  OF  THK  COLONY  OF  RHODE  ISLAND, 


16G6.  Aprill,  1664  ;  also  a  letter  fro.ni  the  Lord  Chancellor 
-^v-w Clarendon,  bearing  date  April  the  28th,  1004.  A  copie 
of*  a  letter  of  advice  from  his  Majesty  to  his  Commissioners 
dated  the  28th  of  January,  1GG4.  A  copie  of  the  order 
for  reprizaHs,  dated  the  27th  of  February,  1CG4,  directed 
to  Collonell  Richard  Nickolls,  for  the  sayd  late  Governor, 
as  also  a  letter  from  the  sayd  Collonell  Richard  Nickolls, 
in  which  the  sayd  copies  are  inclosed  ;  the  Seales,  both  of 
the  Charter  and  other  letters  not  beinge  any  waies  de- 
faced. 

Wee  have,  as  aforesayd,  received  the  Gth  day  of  Sep- 
tember, Anno.  1G66. 

Wifcnes  our  hands,  WILLIAM  HARRIS, 

JOSEPH  TORREY, 
JOHN  SANFORD, 
Wee  also  have  received  of  the  aforesaid  Mr.  Benedict 
Arnold  the  order  of  his  Majestyes  Commissioners  under 
their  Seales,  concerninge  the  eastern  bounds  of  the  Collo- 

ny  by  them  at  present  sett,  which  is  dated  the  -=  , 

and  the  other  part  on  the  back  side  of  it  the  11th  of 
March,  1664. 

Witnes  our  hands,  WILLIAM  HARRIS, 

JOSEPH  TORREY, 
JOHN  SANFORD. 


&cC,to'breer'  Voated  and  ordered,  that  the  Charter,  with  the  King's 
Gwnrnor.  letter,  and  other  writtings  aforementioned,  are  committed 
to  the  custody  of  the  Governor,  Mr.  William  Brenton,  for 
the  safe  keeping  thereof,  until!*  the  Generall  Assembly 
shall  otherwise  order.  It  is  also  ordered,  that  the  parch- 
ment presented  by  Mr.  John  Clarke,  contayninge  the 
agreement  of  Mr.  Winthrop  and  the  sayd  Mr.  Clarke,  as 
agents  for  Coneticott  and  this  Collony,  is  committed  to  the 
Governors  keeping,  to  be  kept  with  the  Charter. 

Ordered,  that  two  Assistants  be  chosen  by  this  Court, 
one  for  Providence,  the  other  for  Warwick,  instead  of  Mr. 


AND  PROVIDENCE  PLANTATIONS. 


153 


Thomas  Olney  and  Mr.  Richard  Carder,  chosen  by  the  1C66. 
last  Generall  Election,  who  have  refused  their  ingagement ^-^^-w 
to  that  office. 

The  persons  chosen  and  ingaged,  are  Capt.  Thomas 
Harris  and  Capt.  John  Greene. 

Voated,  that  forasmuch  as  the  address  to  his  Majesty  Letters  to  be 

°       »  sent  to  Eng- 

from  this  Collony,  and  also  the  letter  to  the  Lord  Chan-Iand- 
cellor  Clarendon,  and  other  papers  sent  from  this  Collony 
by  Collonell  George  Cartwright,  beinge  lost ;  it  is  order- 
ed, that  the  copies  of  the  said  letter  and  papers  be  sent 
to  England  by  the  first  convenient  opertunity,  and  signed 
under  the  Governors  hand,  with  the  seale  of  the  Collony 
thereto  affixed.* 

♦  Voated  and  ordered,  that  the  Governor  and  Mr.  William tJSZtoZw 
Baulston,  Mr.  William  Harris,  Capt.  John  Greene  and  to  be  sent  to 

his  Myjestie. 

Mr.  John  Clarke,  or  the  major  part  of  them,  are  desired 
and  authorized  to  draw  up  the  Collonys  addresses  to  his 
Majesty,  a  letter  to  the  Lord  Chancellor,  together  with  a 
letter  to  Collonell  Cartwright,  and  the  ordering  the  man- 
ner of  sending  them  ;  and  also  the  copies  of  those  formerly 
sent,  are  left  to  the  sayd  Committee  as  they  in  their  wis- 
doms shall  judge  most  meete. 

Voated,  that  whereas  Mr.  William  Dyre  hath  taken  ^n'"^Mr 
much  paines  in  drawinge  out  the  copies  of  the  addreses,  pryd'tbrbe 
letter,  platt  and  other  papers  aforesent  per  Collonell  Cart- 
wright, and  they  beinge  to  this  Court  presented,  are  by 
them  received  ;  the  Court  doe  order,  that  the  sayd  Mr.  Dyre 
shall  be  payd  for  his  labour  and  paines  therein  out  of  the 
Gennerall  Treasury.  The  Governor,  and  Mr.  William 
Baulston,  Mr.  William  Harris,  Capt.  John  Greene,  and 
Mr.  John  Clarke  are  authorized  to  determine  wdiat  Mr. 


*  Hutchinson  states  that  Colonel  Cartwright  was  the  bearer  of  the 
proceedings  of  the  King's  Commissioners  to  England;  and  that  in  his 
passage  he  was  taken  by  the  Dutch,  "  stripped  and  very  ill  used."  All 
his  papers  were  taken  from  him  and  never  recovered. — Hist,  of  Massachu- 
setts, p.  250.  He  was  doubtless  the  bearer  of  the  letters  here  referred  to- 
VOL.  II.  20 


154 


RECORDS  OP  THE  COLONY  OF  RHODE  ISLAND, 


1GGG.  Dyre  shall  have  for  his  paines  in  copieinge  the  aforesayd 

•^^^  writtings. 

Ordered,  that  the  sayd  copies  shall  be  entered  into  the 

i0bee8c"tot  Gennerall  Records  ;  and  it  is  ordered,  that  noe  copies 
shall  be  given  to  any  persons  of  the  sayd  address  to  his 
Majesties  letter  to  the  Lord  Chancellor,  and  other  papers 
now  to  be  entered  upon  record,  untill  the  Collony  have 
certaine  information  of  their  beinge  safely  received  in 
England. 


[Order  of  the  General  Assembly  appointing  a  committeo 
to  prepare  an  address  to  the  King  ;  the  first  portion  ob- 
literated.] 

*       *  their  hearts 

all  spedily  to  exprese  the  great  and  unbounded  loyalty  that 
his  Majesty,  our  most  gracioues  soveraigne  Lord,  King 
Charles  the  Second  of  England,  &c,  with  consent  of  heart 
has  declared  in  behalfe  of  this  whole  Collony,  that  how- 
ever the  other  Collonys  or  any  of  them  shall  stand  affect- 
ed, or  prove  disloyall,  yett  that  this  Collony  promise  and 
resolve  to  stand  loyall  to  his  sayd^Majestye,  and  to  pro- 
mote his  royall  interest  in  these  parts,  to  the  very  vtmost 
of  their  power,  vpon  all  occasions  whatsoever,  that  may 
be  presented  to  that  end  and  purpose  for  them  to  take  no- 
tice of  continually. 

And  further,  the  Assembly  haveing  a  deep  sense  of  the 
gracious  favour  of  his  Majesty  to  this  Collony,  and  of  our 
owne  need  of  his  royall  countainance  to  be  extended  tow- 
ards us, 

Doe  order  that  the  Governor,  Deputy  Governor,  Mr. 
John  Card,  and  Mr.  John  Clarke,  be  desired  to  take  care 
of  and  putt  into  a  good  method,  such  addresses  to  his  Maj- 
esty in  the  name  of  the  Collony  as  may  tend  to  the  ratifi- 
cation of  our  Charter,  vindication  of  our  bounds  and  ex- 
tents on  all  hands,  erectinge  of  schooles  and  promotinge  of 
learninge  by  some  encouragments  from  England  ;  fortify - 
cation  of  the  ports  of  this  Collony  ;  encouraginge  of  trade 


AND  PROVIDENCE  PLANTATIONS. 


15 


by  some  priviledge  in  that  sort  granted,  and  whatsoever  1666 
else  may  tend  to  the  common  good  of  the  whole  ;  to 
which  end,  it  is  ordered,  that  at  Newport,  on  Tuesday,  the 
sixth  of  June  next,  there  be  a  meeting  of  the  aforesayd  per- 
sons, and  that  the  Governor  in  the  meane  time  give  notice 
to  all  the  Assistants  now  absent,  of  the  sayd  time  of  meet- 
ing on  the  sayd  occasion,  desiring  that  as  many  of  them 
and  of  these  now  present  as  cann,  will  be  present  and 
give  their  advice  in  the  premises  :  and  what  is  drawne  vp 
be  sent  to  his  Majesty  under  the  hands  of  the  Governor 
and  Deputy  Governor,  with  the  Collony  Seale  affixed  ; 
and  the  Recorder  is  forbidden  to  give  out  any  copie  of  those 
two  last  orders,  except  to  the  Governor  and  Counsell, 
without  speciall  order. 

The  above  written  is  a  true  copie,  and  was  ordered  to 
be  entered  on  record  by  the  Generall  Assembly,  sitting 
September  4,  1666,  as  attests. 

JOHN  SANFORD,  Gen'U  Recorder. 

Rhode  Island's  Petition  to  the  King. 

To  the  King's  most  excellent  Majestie  : 

The  humble  petition  and  addresse  of  the  Governor  and 
Company  of  his  Majesties  Collony  of  Rhode  Island 
and  Providence  Plantations,  in  New  England: — most 
humbly  sheweth : 
That  wheareas,  your  Majesties  most  humble  subjects 
and  suppliants,  as  soon  as  we  heard  the  joyful  tidings  of 
your  Majesties  hapie  restoration  to  the  possession  of  your 
royale  crown  and  dignity,  making  our  humble  addresses 
by  petition  unto  your  royall  Majestie,  in  which  we  em- 
ployed that  faithful  and  trusty  agent,  Mr.  John  Clarke  ; 
did  thereupon  by  your  Majesties  royall  bounty  obtayne 
a  most  free  and  ample  charter  of  incorporation,  for  our 
possessinge,  improveing,  and  governinge  the  lands  and 
islands  in  and  of  the  Narragansett  bay  and  country,  in 
New  England,  which  grant  your  Majestie  was  graciously 


156 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GGG.  pleased  to  make  firmc  and  good  to  us  and  our  succcssois 
■~**^-/  forever,  under  the  great  Seale.    And  that,  also  done  after 
your  Majestie  had  taken  cognizence  of  the  Indian  Saehiins 
submission  of  the  said  country  unto  your  Majestie,  in  the 
year  1GG2,  in  which  they  remembered  an  address  of  the 
same  nature  made  some  eighteen  yeares  before  to  your 
Royall  father,  of  blessed  memoric,  which,  their  address 
was  never,  nor  could  be  taken  notice  of  untill  their  late 
addresse  aforementioned  in  1GG2  ;  in  the  meane  time,  we 
livcinge  and  governinge  here  by  virtue  of  a  Charter  grant- 
ed in  his  late  Royall  Majesties  name  by  the  Lords  and 
Commons  in  1643.    The  said  Indians  sold  severall  consid- 
erable tracts  of  the  Narragansett  country  unto  people  of 
this  Collony,  and  received  therefor  full  satisfaction  as  in 
their  said  late  address  they  do  acknowledge,  and  indeed, 
some  thousand  of  pounds  it  hath  cost  the  people  of  this 
Collony  in  those  purchases,  even  more  than  the  other  Col- 
lonies  hath  expended  for  ten  times  as  much  which  they 
possess,  wdio  yett  could  not  content  themselves,  but  in- 
croached  on  this  small  corner,  not  only  dispossessing,  mo- 
lesting, captiveing,  and  fineing,  your  Majesties  leige  peo- 
ple here  liveing,  but  also  claiming  all  the  country  by  strainge 
pretences  of  free  purchases,  and  gifts  by  forced  mortgages, 
from  the  Indians,  therein  including  the  Indians  l  ights  unsold, 
with  those  aforesaid,  sold  to  some  of  this  Collony ;  whereup- 
on it  pleased  your  Majesty  in  your  royall  wisdom  to  send  your 
honourable  Commissioners  to  inquire  into  those  matters  ; 
who  have  with  exceeding  travil  and  care,  paines  and  pa- 
tience, judgment  and  discretion,  accordingly  most  honour" 
ably  discharged  the  trust  in  them  reposed.    And  upon 
finding  the  Indians  to  owne  their  subjection,  former  and 
latter,  and  seeing  the  hard  dealings  by  the  other  Collonies 
used  to  them,  and  us,  did  for  a  present  expedient  distin- 
guish those  lands  from  the  rest  of  this  your  Majesties  Col- 
lony, by  the  namcof  the  King's  Province,  and  prohibit- 
ed all  Collonies  from  the  exercise  of  jurisdiction.  And 
after,  by  a  special  commission  under  their  honours  hands 


ASD  FEOYIDEXCE  PLAXTATTOX5- 


and  seales,  di<l  commit  the  government  to  the  Governor  16 
and  Counsell  of  this  Collony,  untill  your  Majesties  pleas-  v--p"> 
ure  be  farther  knowne.  All  which  beisg  the  effect  of 
your  Majesties  gracious  and  fartherly  care  of  us  your  poore 
unworthy  subjects,  thereby  wee  feel  much  ease  at  present 
from  the  great  oppressors ;  and  for  it  wee  returne  all 
humble  thanks  as  in  duty  bound.  And  however  by  this 
late  result  our  character  seemeth  to  be  very  much  im- 
paired, and  as  it  were  in  part  suspended  for  the  present, 
yett,  wee  in  all  humility  doe  confesse  and  owne  your  Maj- 
esties royall  wisdom,  and  the  justice  of  those  honourable 
persones,  your  Majesties  Commissioners  ;  believing  that 
there  is  not  any,  the  least  intent,  to  make  voyd  our  Char- 
ter in  any  part,  but  rather  reconfirm  and  inlarge  it. 
Wherefore,  wee  have  made  bold  in  some  other  papers, 
humbly  presented,  to  the  Right  Honourable  the  Earle  of 
Clarendon,  Lord  High  Chancellor  of  England,  to  declare 
some  reasons,  why  of  right  and  necessity,  the  whole  coun- 
try of  Narragansett,  as  in  the  very  letter  of  the  Charter, 
should  belong  to  this  your  Majesties  Collony.  As  also 
why  the  line  betweene  your  Majesties  Collony  of  Xew 
Plymouth  and  us,  should  be  settled  accordingly,  though  at 
present  somewhat  shortened.  And  for  the  more  cleare 
demonstration  of  the  same  matters,  wee  have  caused  a 
draught  to  be  made  of  Plymouth  and  Connecticut ;  and 
more  partickelerly  of  this  your  Majesties  Collony,  lyinge 
betweene  them,  and  have  herewith  humbly  presented  it. 

Therefore,  in  the  great  experience  of  your  Majesties 
most  wonderfull  grace  and  favour  showed  vnto  vs,  we 
prostrate  ourselves  in  all  loyalty  and  humility  at  your 
Majesties  feet,  and  most  humbly  implore  your  Royall  Grace 
and  favour  to  restore  your  Majesties  royall  grant  to  its  for- 
mer state  and  extent :'  readjoyninge  the  King's  Province 
to  the  rest,  and  so  reconfirme  unto  us,  that,  your  Majes- 
ties said  late  royall  grant,  as  it  is  under  the  great  Seale. 
And  to  sett  and  settle  our  eastern  bounds  also,  accord- 
ingely.    So  shall  wee  be  encouraged  to  goe  on  propagate- 


158 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G66.  inge  plantationes  of  that  which  layeth  waste,  and  by 
GOD'S  help,  and  your  Majesties  gvacioucs  favour,  shall 
be  able  to  serve  your  Majestic  in  protcctinge  and  dircctinge 
the  Indians  here  living;  and  instructing  their  children  in 
learning,  and  civil]  education ;  as  also  in  putting  this  Col- 
lony  in  posture  of  defence,  promoting  of  trade,  husbandrie, 
and  fishingc,  and  governing  ourselves  in  peace  and  justice 
under  your  Majestie,  forever  devoted  to  pray  for  your  Maj- 
estic, and  for  your  Majesties  long  life,  and  greatness  here, 
and  eternal  glories  hereafter. 

1G66. 

These  to  the  Right  Hon'ble  Edward  Earll  of  Clarendon, 
Lord  High  Chancellor  of  England,  most  humbly  presented. 
Right   Honourabl : 

However,  there  are  upon  us,  so  very  many  and  great 
obligations  to  your  Lordship,  for  these  unmerited  fa- 
vours hitherto  extended  unto  this,  his  Majesties  Collony, 
which  here  to  recount  would  but  add  to  your  Lordships 
trouble  to  read,  and  to  ourselves  greater  measure  of 
shame,  in  that  we  have  not,  nor  as  yet  cannot,  save  in 
empty  words,  any  way  return  your  Lordship  any,  the 
smallest  toaken  of  our  acknowledgements,  but  are  even  in 
a  wan  tinge,  and  consequently  in  a  craving  condition,  for 
your  Lordship's  favour  to  be  still  our  defence  and  releife. 
May  it  please  your  Honour — this  poore  depressed  and  al- 
most extinguished  Collony,  next  under  GOD  and  his 
Majestie,  owe  even  their  all  unto  your  Lordship  ;  and 
however,  have  not  wherein  else  to  show  their  gratefull  ac- 
knowledgments, did  designe  to  chuse  and  set  apart  out  of 
this  small  tract,  a  compitcnt  and  convenient  tract  of  land 
for  a  farm  of  a  thousand  acres  or  thereabouts,  and  to  have 
begged  your  Lordshipp's  acceptance  of  the  same,  so  as  to 
own,  and  dispose  of  it,  at  your  Honour's  pleasure  ;  and 
should  take  it  as  the  greatest  favour  possible,  your  accept- 
ance thereof. 

Now  it  so  falls  that  a  present  seeminge  cloud  passinge 


AND  PROVIDENCE  PLANTATIONS.  159 

over  our  Collony  doth  eclipse  the  splendour  of  our  Charter,  v^-^-^ 
and  render  us  in  sort  uncapable  of  disposing  ought,  in  1666. 
the  far  greater  part  of  his  Royall  Majesties  grant — and  of 
our  absolute  clear  purchases  from  the  Indians.  But  be- 
leiving  there  is  no  intent,  but  that  all  will  be  restored  to 
its  full  and  cleer  extent  unto  us,  in  which  we  humbly  im- 
plore your  Lordship's  favour,  to  be  our  helper  and  pro- 
tector. Some  reasons,  we  have  made  bold  to  present  to 
your  Lordship  in  two  papers,  shewing  why  of  righte  and 
necessity,  that  now  called  the  King's  Province,  be  still 
continued  and  adjoyned  to  the  rest  of  this  Collony  ;  and 
why  the  lyne  betweene  Plymouth  Collony  and  us  be  estab- 
lished as  in  the  map  prescribed,  it  being  according  to  the 
very  letter  of  the  Charter  to  us  granted.  ^And  we  have 
yet  a  further  humble  petition  to  your  Lordship,  concerning 
some  helps  of  incouragement  towards  the  fortifycation  of 
this  bay,  which  in  very  deed  is  the  most  excellent  in  Xew 
England  ;  considering  the  climate  most  healthfull — site 
most  commodious — in  the  middle  of  the  Collonies — har- 
bours most  safe  for  the  biggest  ships  that  ever  sayled  the 
sea — and  of  all  sorts  whatsoever  ;  and  for  outlett,  and 
inlett,  soe  good  as  none  can  equall  it.  That  in  the  hard- 
est winters,  when  the  Massachusetts  and  others  to  the 
east  and  west,  are  fast  locked  up  with  strong  doores  of  ice, 
this  is  always  open — besides  the  conveniency  of  the  main 
land  and  islands,  at  the  very  enterence  so  neere  each 
other — easy  to  be  secured  by  forts  in  either  channel.  One 
meanes,  may  it  please  your  Lordship  to  incourage  the 
growth  of,  and  give  strength  to  this  his  Majesties  Collo- 
ny, would  be  by  some  act  of  grace,  extending  some  pe- 
culiar privilege  in  poynt  of  freeness  of  commerce,  hence 
to  other  his  Majesties  dominiones,  with  some  ease  in  some 
measure  as  to  taxes  upon  that  which  is  imported,  or  ex^ 
ported,  though  but  for  some  yeares.  But  wee  dare  not 
direct  your  Lordship's  wisdom,  but  only  implore  your 
honourable  countainance  in  what  shall  seem  the  best ;  only 
one  thing  shall  we  be  bound  to  propose  concerning  an  es- 


1G0 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16GG.  (ate  that  is  bequeathed  in  England,  for  the  pious  end  of 
propagatinge  the  gospel  in  eonvertingc,  or  at  least  in- 
structinge  the  Indians  in  the  knowlidge  of  moiall  virtues, 
and  by  degrees  to  know  GOD.    Here  is  the  greatest  num- 
ber of  Indians,  living  in  the  confines  of  this  little  spot,  that 
are  in  any  part  of  New  England  besides  ;  and  however 
these  which  are  growne  up  to  ripe  yeares  in  their  wild 
and  uncivill  manner,  will  hardly  leave  their  own  sensuall 
customs  ;  yet,  were  there  a  school  erected,  with  meanes 
to  maintayne  it,  for  the  bringing  their  children,  some  to 
learninge,  and  some  to  handy  crafts,  for  the  increase  of 
manufactures  ;  there  would  in  a  few  years,  by  the  bless- 
ing of  the  LORD,  appere  a  very  hopeful  change,  and  in 
one  generation  they  would  in  a  great  measure  be  made 
hapic  ;  and  also  be  a  means  of  good  advance  unto  his 
Majesties  interest  in  these  parts,  under  the  government 
by  his  Majestie  already  here  established  unto  us,  under  the 
great  Seale.    And  therefore  Ave  humbly  implore  your 
Lordships  favour,  in  furthering  this  good  worke,  if  soe  it 
shall  in  your  Honours  wisdom  appere  to  bee.    And  thus 
craveing  your  Lordships  pardon  for  our  extreme  boldness 
and  importunity,  we  shall  humbly  recommend  to  your 
Honorable  consideration,  the  perusal  of  our  humble  peti- 
tion to  his  Royall  Majestie  herewith  presented  to  your 
Lordship's  view,  humbly  craveing  your  Lordships  favor, 
to  cover  or  excuse  our  boldness,  or  any  other  errors  there- 
in (to  us  unawares)  committed.    And  so  far  to  extend 
your  Honours  favor  to  us,  as  we  may  thereby  be  restored 
to  the  hapines  of  enjoying  that  most  ample  graunt  in 
its  full  extent,  which  we  own  ourselves  to  your  Lordship 
for   procuring   the  same  at   first ;   but   most  exceed- 
ingly bound  to  your  Lordship,  for  those  high  favors  men- 
tioned in  your  honourable  letter  to  us,  therein  declar- 
ing such  unexpected  regard  to  us  as  was  and  is  wonder- 
full,  and  hath  emboldened  us,  thus  to  presume  to  give 
your  Lordship  this  further  trouble,  by  the  hands  of  this 
noble  and  honourable  gentleman,  Collonell  Cartwright,  to 


AND  FROVIDENCE  PLANTATIONS. 


whom  and  the  other  honourable  Commissioners,  we  are  1 
most  deeply  engaged  for  that  exceeding  care,  pains,  and 
travill,  taken  in  our  behalves ;  and  the  most  unbyassed 
resolutions,  by  their  honours  proceedings  declared  upon 
the  hearing  of  all  differences,  soe  as  wee  have  cause,  and 
hope  shall  have,  to  bless  the  LORD,  and  the  Kings  Maj- 
estie,  and  return  all  humble  thanks  to  your  Lordship,  for 
this  hapie  visitatiou  by  those  honourable  persons,  where- 
by, those  incredable  oppressions  we  indured,  of  scorn  and 
contempt,  slander  and  reproach,  threatning  and  molesta- 
tion, captiveing  and  imprisoning,  fineing  and  plundering 
this  Collony,  is  now  made  cleere  before  their  honours,  and 
therein  clearlv  discovered  a  combination  of  all  the  Collo- 
nies,  to  root  us  up  and  expose  us  to  ruin,  in  seeking  out 
new  places  of  the  wilderness  ;  there  to  struggle,  with  all 
sorts  of  difficulties,  as  in  the  begining  of  the  plantation 
they  forced  us  to  do,  and  denyed  us  relief  in  greatest  dan- 
gers, while  our  sufferings  could  not  be  known  to  any  but 
GOD  and  ourselves,  until  this  time  of  hearinge  was  come. 
But  not  to  give  your  Lordship  more  trouble  at  this  time, 
wee  humbly  cast  ourselves  and  cause,  at  your  Lordships 
feet,  and  with  all  cheerfullness  subscribe  ourselves  in  be- 
half of  this  his  Majesties  Collony  of  Rhode  Island  and 
Providence  Plantations,  your  Lordships  most  humble  and 
faithfully  devoted  servants. 

Some  reasons,  humbly  presented  unto  the  Right  Honoura- 
ble Edward,  Earll  of  Clarendon,  Lord  High  Chancellor 
of  England  ;  by  the  Governor  and  Company  of  his 
Majesties  Collony  of  Rhode  Island  and  Providence 
Plantations,  shewing  why  it  is  both  right,  and  of  ne- 
cessity, that  the  part  of  the  said  Collony  distinguished 
by  the  name  of  the  King's  Province,  should  remaine  to 
the  said  Collony. 


1.    Forasmuch  as  wee  have  had  possession  by  free 
purchase  in  some  part  of  the  middle  of  the  Narragansett 
VOL.  II.         .  21 


U)2 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G6.  country,  by  the  Indians  sale,  about  seven  or  eight  and 
v-*-y-^»  twenty  yeares,  besides  what  was  before  [that  time]  grant- 
ed to  the  four  townes  of  Providence,  Portsmouth,  New- 
port and  Warwick. 

2.  For  that,  the  said  country  is  wholly  and  clearly 
contained  in  the  graunt  made  in  his  late  Majesties  narae;, 
by  the  Lords  and  Commons,  in  the  year  1G43,  before  the 

-  Indians  surrendered  themselves  and  lands  unto  his  late 
Majesties  government  and  protection,  which  graunt  was 
since  confirmed  ;  and  that  which  Mr.  Wells  underhand,  got 
of  the  same  country  was  [not]  prohibited,  being  passed  at 
Counsell  table,  nor  registered. 

3.  For  that  the  Indians  since  the  said  graunt,  have  sold 
severall  parts  of  the  said  country,  and  taken  full  satisfaction 
for  it,  of  the  people  of  this  Collony,  who  bought  and  possess- 
ed it  quietly ;  until  within  this  four  or  five  years,  the  other 
Collonies  by  clandestine  purchases  and  forced  mortgages, 
have  both  encroached  upon  that  which  those  people  had  pur- 
chased  as  aforesaid,  and  the  rest,  asyetunsold  ;  and  this  is  ful- 
ly cleered  to  be  true,  by  the  Indian  sachems  owne  acknowl- 
edgements in  their  address  to  his  royall  Majestie,  in  April, 
1G62  ;  which  address  was  by  the  Honourable  Commission- 
ers Sir  Robert  Carr,  Knight,  George  Cartwright  and  Sam- 
uell  Maverick,  Esquires,  here  produced,  and  to  the  said 
Sachems  read, and  by  them  cleerly  understood  and  owned. 

4.  Forasmuch  as  the  whole  is  contained  in  his  Majesties 
late  royall  graunt  to  this  Collonie  in  1663;   to  divide  the 

»  same  in  two  severall  parts,  it  will  render' both  soe  inconsid- 

erable, as  that  neither  will,  in  any  measure  be  sufficient  for 
any  competent  number  of  people  to  live  upon,  besides  the 
inconveniencys  that  wiH  arise  by  mixture  of  one  with  the 
other,  which  would  render  both  in  a  state  of  much  trou- 
ble and  discouragement  to  people  for  building,  or  settling 
upon  it ;  except  contained  in  one  intire  tenure,  as  graunt- 
ed  to  the  Collony  aforesaid,  and  under  that  one  gov- 
ernment. 

5.  For,,  that  the  whole  is  considered  to  be  fully 


AND  PROVIDENCE  PLANTATIONS. 


163 


graunted  in  our  patent  under  the  great  Seale,  containing  1666. 
all  that  is  now  called  the  Kings  Province,  and  the  rest  isv-*^v-**' 
ixo  way  answerable  unto  the  least  of  the  other  Collonies., 
in  quantity.,  as  by  a  mapp,  calculated  in  that  respect  ac- 
cording to  true  information  and  knowlidge,  and  herewith 
presented  ;   it  doth  appeare  so  that  on  either   part  (if 
parted),  there  can  be  no  competency  to  raise  any  consid- 
erable supply  of  provisions  for  trade  to  his  Majesties  other 
plantations  ;  nor  can  this  Collony  grow  to  any  maturity  of 
strength,  to  serve  his  Majestie,  but  groane  under  the 
weight  of  poverty,  and  be  subjected  still  to  the  will  of  the 
other  Collonies,  to  give  what  they  please  for  the  little  we 
raise  ;  we  being  not  able  to  transport  it,  as  being  not 
worth  while,  fan  abroad  to  make  the  best  of  it,  because 
of  the  little  quantity  thereof. 

6.  For,  that  by  experience  we  have  found,  that  by 
reasons  of  the  interruptions  this  Collony  hath  had  in  the 
possessing  the  Narragansett,  now  called  the  Kings  Prov- 
ince, which  interruptions  were  by  force  from  the  other  Collo- 
nies, as  it  is  clearly  shown  to  the  Honourable  Commissioners 
afore  mentioned  ;  many  of  the  people  of  this  Collony  have 
been  forced  to  expose  themselves  to  seeke  out  other  plan- 
tations to  their  utter  rain,  and  undoing  ;  and  some  into 
Plymouth  claimes  twelve  or  sixteen  miles  from  Rhode  Is- 
land, which,  had  we  had  the  use  of  the  said  Narragansett 
■country,  would  have  in  a  good  measure  suffised  and  incour- 
aged  our  owne  people,  and  have  given  strength  and 
growth  to  the  Collony  to  have  set  upon  tradinge  and 
fishinge,  &c. 

7.  And  lastly,  that  the  country  of  the  Narragansett,  of 
right,  belongs  to  this  Collony  ;  not  for  the  aforesaid  reasons 
only,  but  also  for  that,  although  the  sachems  did  about 
twenty  yeares  since  submit  it  and  themselves  to  his  Maj- 
esties late  royall  father  of  glorious  memorie,  yet  no  cogni- 
zance could  be",  or  was  then,  or  even  after,  by  his  said 
Majesty,  taken  of  the  same  ;  nor  untill  the  sachems  made 
their  last  address  unto  his  royall  Majestie  in  the  year 


164 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1(')G().  1662,  when  their  address  was  taken  notice  of,  in 
mentioning  the  said  country,  and  owning  it  to  be  contain- 
ed in  our  former  graunt,  &c.  His  most  royall  Majestic 
thereupon  and  thereafter,  however  graciously  pleased  to 
give  and  grant  the  said  Narragansett  country,  expressly 
unto  this  Corporation  ;  all  it  and  the  rest,  under  the  name 
of  the  English  Collony  of  Rhode  Island,  &c,  theas  in  the  said 
Charter  under  the  great  Scale,  it  is  more  partickularly  men- 
tioned ;  which  said  graunt,  Ave  humbly  and  cheerfully  ex- 
pect  to  be  firine  and  good,  and  will  be  soe  accounted  and 
confirmed  by  his  Majesties  royall  grace  to  us  and  ours 
for  ever.  And  the  rather  because  his  Majestie  granted 
(hat  which  the  Indian  sachems  had  so  freely  and  fully 
surrendered  to  his  royall  will  and  pleasure,  to  order  and 
dispose.  „ 

Some  reasons  humbly  presented  to  the  Right  Honourable 
Edward,  Earll  of  Clarendon,  Lord  High  Chancellor  of 
England,  by  the  Governor,  and  Company,  of  his  Majes- 
ties Collony  of  Rhode  Island  and  Providence  Planta- 
tions, for  settling  the  eastern  line  according  to  the 
meaneing  and  letter  of  the  Charter. 

• 

"1.  Because,  that  the  line  intrencheth  not  on  Plymouth, 
pattent  (such  as  it  is),  for  that  is  not  bounded  by  the  sea, 
on  the  south,  in  that  graunt,  but  by  a  river  called  Narra- 
gansett river,  no  such  river  being  known. 

2.  Because,  Rhode  Island  lyeth  inclosed,  and  in  a 
manner  included  within  the  land  which  Plymouth  would 
have  to  be  within  their  jurisdiction.  And  yett  it  is  the 
Narragansett  Bay,  and  therefore  good  reason  that  the 
main  land  enclosinge,  and  so  near  adjoyning  to  the  Island, 
should  pertain  to  it ;  cspecilie  being  expressly  grauntcd  by 
his  royall  Majestie  in  our  late  Charter,  in  express  words, 
three  miles  to  the  east  of  the  most  easterly  and  north 
easterly  parte  of  said  bay. 

3.  Because,  the  Tsland  being  small,  scarcelie  hould- 


AND  PROVIDENCE  PLANTATION'S. 


inge  three  miles  broad,  any  great  parte  of  it,  and  fifteen  1G66. 
long  ;  the  inhabitants,  especially  on  that  side  the  Island  v^-v-** 
lyinge  near  the  maine  land,  are  forced  there  to  winter 
their  cattle,  and  otherwise  also  to  keep  them  there,  which 
land  hath  otherwise  never  been  improved  by  Plymouth, 
but  it  hath  layne  waste  neere  forty  years  since  they  first 
began  the  Plantation.  Besides,  many  of  ours  for  mere 
necessity  have  bought  the  land  neere  the  water  on  that 
side  of  the  Indian  owners,  and  possessed  it  many  years 
peaceably  ;  it  being  so  very  remote  from  Plymouth  towns 
and  from  any  towne  of  that  Collony,  as  that  it  would  be 
of  little  use  to  them  if  they  had  it. 

4.  Because  the  nearnes  of  that  land  on  the  east  side  is, 
by  experience  an  annoyance  to  this  government,  by  being 
only  at  present  out  of  the  jurisdiction  of  this  Collony  : 
there  being  farmes  made  by  some  of  this  Island  people, 
just  over  the  river  within  call  of  the  Island,  where  any 
that  are  culpable  by  the  law  here,  make  their  escape  over, 
and  are  there  out  of  reach,  even  of  Plymouth  ;  a  towne  soe* 
very  remote,  that  not  under  three  or  fower  dayes  time  are 
we  able  to  reach  it,  in  which  [time]  the  offenders  are  inabled 
to  make  finall  escape.  Nor  can  we  make  the  chiefe  parte 
of  this  Collony,  [except]  on  this  Island,  haveing  none  else 
fitt  as  this,  which  indeed  is  hard  to  be  equalized  in  New 
England, "for  reception  and  safe  riding  of  vessels  of  all  sorts, 
and  in  all  seasons,  and  in  the  hardest  frosty  winters,  which 
is  not  so  in  any  other  part  of  the  country. 

5.  Because,  the  maine  land  on  the  east  side  as  afore^ 
said,  is  soe  neere  the  Island,  and  the  river  betweene  soe 
convenient,  that  a  towne  on  that  side  would  answer  to 
them  on  this  side  very  cominodiously,  on  all  occasions  of 
reliefe  or  defence  ;  and,  indeed,  this  Collony  can  never  be 
secured  from  invasion,  if  that  side  (for  such  a  quantity  is 
mentioned  in  our  Charter)  be  not  in  this  jurisdiction  ;  and 
at  its  devotion,  it  lyinge  soe  remote  from  Plymouth,  as 
afore  is  sayd,  that  it  cannot  answer  them  to  fortify  it,  it 


« 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


666.  being;  near  fifty  miles  from  them  by  land,  and  above  a 
~>^-^  hundred  by  water. 

6.  Because,  the  people  of  this  Island  there  settled 
and  settling  themselves,  haveing  beine  used  to,  and  lived 
in  this  government,  doe  earnestly  long  still  to  be  under 
the  protection  and  direction  thereof;  as  alsoe  they  beinge 
neare  us,  and  soe  very  remote  from  Plymouth,  by  which 
meanes  it  is  very  difficult  for  them  to  attend  their  Courts 
of  J ustice. 

7.  Because,  the  native  Indians,  both  sachems  and  oth- 
ers, not  only,  and  often  in  former  times,  have  motioned 
and  desired  to  be  in  or  under  this  government ;  but  even 
alsoe  of  late,  since  we  received  the  late  royall  graunt  un- 
der the  great  Seale,  have  by  word  and  writtinge,  desired 
that  they  might  be  esteemed,  deemed  and  owned,  with- 
in this  jurisdiction  :  haveing  alwayes  for  near  thirty 
yeares  had  very  neare,  frequent,  and  friendly  commerce 
and  intercourse  with  us. 

Voated,  forasmuch  as  it  hath  pleased  his  Majestie  of 
England,  to  invest  by  his  royall  graunt,  this  his  Collony  of 
Rhode  Island  and  Providence  Plantations  with  such  pow- 
ers and  privileges  as  can  scarce  be  parallelled  amonge  his 
subjects  (or  any  other),  throughout  his  dominions,  which 
sayd  powers  and  privileges,  by  a  prudent  and  well  man- 
agement of  our  Gennerall  and  law  makeing  Assembly,  and 
also  of  the  Collony  Courts  of  Tryall,  which  are  for  the  ad- 
ministration of  justice  and  judgment  accordingly,  will,  by 
the  blessinge  of  God,  be  best  improved  for  the  advancinge 
of  the  peace,  prosperity  and  liberty  of  this  poore  Collony 
and  the  people  inhabitinge  therein.  And  soe  as  in  some 
good  measure  to  answer  one  maine  ground  of  his  Majesr 
ties  graunt,  which  was  to  hould  forth  unto  him  a  lively 
experiment  that  a  most  flourishinge  civil]  state  may  stand 
and  best  be  maintayned,  and  that  among  his  English  sub- 
jects with  a  full  liberty  in  religious  concernments,  &c. 
And  if  soe?  then  by  the  rule  of  contrarys  it  may  be  duly 


AND  PROVIDENCE  PLANTATIONS. 


167" 


collected,  that  by  an  imprudent  and  ill  management  of  the  1666. 
Courts  aforesayd,  the  aforcsayd  powers  and  priviledges  ex- 
prest  in  our  Charter,  will  be  so  liekly  to  be  neglected  and 
missim proved,  as  extreemly  to  hazard  the  loss  of  the 
whole.  And  forasmuch,  as  it  hath  beene  found  of  late 
that  by  reason  of  the  neglect  or  abscence  of  persons  who 
have  bene  nominated,  deputed  and  apoynted  to  serve  in 
the  Generall  Assemblys  and  Courts  aforesayd,  there  hath 
bene  such  failures  and  disapoyntments  with  respect  to  the 
premises,  as  hath  not  onely  exposed  the  Collony  to  re- 
proach and  contempt  among  our  neighbours,  but  hath  ex- 
treemly hazarded  the  loss  of  our  Charter,  with  all  the 
powers  and  previledges  j  contayned  therein  ;  and  seeing 
that  it  may  be  justly  suspected  that  the  aforesayd  miscar- 
riages may  be  occasioned  by  watit  of  such  provision  as  is 
usually  made  in  all  such  cases,  wherein  persons  concerned 
may  see  themselves  strongly  obliged,  partly  through  hope 
of  reward  in  case  of  attendance,  and  partly  through  feare 
of  pennalty  in  case  of  neglect.  Bee  it  therefore  enacted 
by  this  present  Ass-embly  and  by  the  authority  thereof,  the Deputy* 
that  all  persons,  whether  Magistrates,  Deputys  or  other 
officers,  that  shall  from  henceforth  be  nominated,  deputed 
and  apoynted  to  serve  in  the  Generall  Assembly  and 
Courts  aforesayd,  shall,  laying  aside  their  private  occa- 
sions apply  themselves  to  the  publicke  service  for  which 
they  are  called  ;  for  which  service  they  shall  receive  each 
of  them  three  shillings  a  day  during  the  time  they  are 
soe  imployed,  which  sayd  sallary  shall  be  allowed  and 
payd  in  manner  and  forme  as  followeth  ;  that  is  to  say, 
such  persons  as  are  imployed  in  the  Generall  Assembly, 
haveing  their  account  stated  and  bill  signed  by  the  Mod- 
erator of  the  sayd  Assembly,  it  shall  be  allowed  as  a  cur- 
rant debt,  and  may  be  sett  off  or  discounted  in  the  next 
rate  that  shall  be  made  and  levied  in  the  respective  townes 
to  which  they  belong,  whether  out  of  their  owne  rate,  or 
out  of  their  neighbours.  And  such  persons  as  are  im- 
ployed in  the  Collony  Courts  of  Trialls,  excepting  such 


I  lis 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GGG.  as  have  sett  fees,  haveinge  their  account  stated  and  bill 
signed  by  the  Governour  ;  or  in  his  absence,  and  by  his  per- 
mission the  deputy  Governor,  it  shall  be  allowed  as  a  cur- 
rant debt,  and  may,  by  virtue  of  such  bills  soe  signed, 
be  demaunded  of,  and  shall  also  be  forthwith  satisfyed 
by  the  publick  Treasurer,  out  of  those  monies  which  either 
by  tine,  forfiture  or  otherwise,  are  brought  into  the 
Treasury. 

And  bee  it  further  enacted  and  also  declared,  that  in 
!rfau*gan.i  casc  any  magish'ate,  officer  or  deputy  that  shall  be  nomi- 
fecUtoeSenx-  m,ted,  deputed  or  apoynted  to  serve  in  the  Generall  As- 
sembly of  this  Collony,  and  shall  at  any  time  hereafter 
there  neglect  to  attend  at  the  place  and  time  apoynted  to 
doe  the  Collony  service,  unless  he  be  able  to  give,  and 
doth  also  give  unto  the  sayd  Assembly  such  weighty 
grounds  and  reasons  in  writtinge,  or  otherwise,  for  his 
neglect  as  may  in  their  judgment  hould  him  excussed,  or 
shall  depart  the  Assembly  during  its  sitting  without  their 
leave,  or  at  least  of  the  Moderator  thereof ;  and  in  case 
the  major  part  of  the  magistrates  besides  the  Governor, 
whose  office  it  is  to  sitt  and  serve  in  the  Collony  Courts  of 
Tryall,  there  to  order  and  see  that  such  methods  and  rules 
prescribed  for  the  tryall  of  causes,  and  for  the  speedy  ad- 
non^auend- ministration  of  justice  and  judgment  accordingly  be  duly 
court.  observed  ;  shall  at  any  time  hereafter  neglect  to  attend' 
the  sayd  Courts  at  the  place  and  time  apoynted,  unless 
they  or  any  of  them  shall  give  such  reasons  unto  the 
Court  as  may  hould  them  excussed,  or  shall  depart  the 
Court  dureing  its  sittinge  without  its  leave  ;  that  then  such 
Magistrate,  Deputy  or  officer  belonging  to  the  Courts 
aforesayd,  all  and  every  of  them  soe  offendinge,  shall  for- 
fitt  the  double  of  what  he  or  they  otherwise  for  their  ser- 
vice should  have  received  ;  that  is  to  say,  six  shillings 
per  day  for  every  day  duringe  the  sitting  of  the  sayd 
Courts,  which  fines  and  forfitures  shall  be  adjudged,  levi- 
ed, and  taken  in  manner  and  forme  as  followeth  :  that  is 
to  say,  such  as  are  made  by  members  belonging  to  the 


AND  PROVIDENCE  PLANTATIONS. 


Generall  Assembly  shall  be  adjudged  in  the  Assembly.  1666. 
And  in  licke  manner  such  as  are  made  by  members  be-  *^**~**-J 
longinge  to  the  Courts  of  Tryall,  shall  be  judged  in  the 
sayd  Court ;  and  in  the  last  day  of  the  sitting  of  either, 
which  according  to  the  weight  of  the  grounds  rendered  for 
the  defect,  may  abate  of  the  pennaltys  as  they  shall  see 
good  ;  which  sentance  or  sentances,  beinge  recorded  in  the 
respective  Courts  to  which  they  belonge,  the  Clarke  of  the 
Assembly,  for  such  as  belong  to  the  Generall  Assembly, 
and  the  Generall  Recorder  for  such  as  belong  to  the  Courts 
of  Tryall,  shall  forthwith  issue  out  warrants  to  the  Generall 
Sargant  to  levie  and  take  by  distraynt  of  each  delinquant, 
such  sum  or  sums  as  are  soe  adjudged,  who  under  the  perrill 
of  contempt  of  authority,  and  under  the  pennalty  of  forfit- 
inge  double  the  vallew,  shall  by  himselfe,  or  by  his  deputy 
or  deputys,  take  the  distress  or  distresses  aforesayd  ;  andFine3  how 
such  as  relate  unto  the  Generall  Assembly  to  returne  into  "po"e 
the  treasury  of  the  respective  towne  or  townes  to  which 
the  persons  belong,  for  the  use  of  the  towne  ;  and  such  as 
relate  to  the  Courts  of  Tryall  to  returne  into  the  publicke 
Treasury  for  the  use  of  the  Collony  ;  all  which  distresses 
and  returnes  shall  be  accordingly  made  and  returned  with- 
in two  months  of  the  date  exprest  in  the  warrant. 

And  further,  bee  it  enacted  by  this  present  Assembly  The ca,lin 
and  by  the  authority  thereof,  that  in  case  a  generall  sum-e"eAtnB. 
mons  be  given  forth  by  the  Governor,  or  in  his  absence, b7' 
or  by  his  permission,  from  the  Deputy  Governor,  to  call  a 
Generall  Assembly  or  Collony  Court  of  Tryall,  and  the 
writts  be  not  speedily  sent  forth  by  the  Generall  Sargant 
to  the  severall  townes  in  order  to  make  preparation  for  the 
sayd  Courts  according  to  lawes  in  that  case  provided  ;  or 
in  case  writts  be  sent  forth  according  to  order,  and  any 
towne  or  townes  shall  neglect  to  assemble  and  make  pre- 
paration accordingly  ;  that  then  the  sayd  Sergant,  towne 
or  townes  that  shall  be  found  guilty  of  such  neglect,  shall 
each  of  them  forfitt  five  pounds  ;  which  said  forfitures  shall 
be  adjudged,  levied  and  taken  in  manner  and  forme  as 

vol.  n.  22 


-(I 


RECORDS  OF  THE  GOLONT  OF  RHODE  ISLAND, 


066.  followeth,  that  is  to  say  :  such  neglect  and  forfitures 
r*^*^  thereupon,  which  relate  to  the  Gcnerall  Assembly,  shall 
be  considered  and  judged  in  and  by  the  sayd  Assembly  ; 
and  such  as  relate  to  the  Collony  Court  of  Tryalls  shall  be 
considered  and  judged  in  the  sayd  Court,  and  by  the  Gov- 
ernor, or  in  his  absence,  the  Deputy  Governor  and  Assist- 
ants, and  major  part  of  them  then  present  ;  and  being  soc 
judged  and  recorded  in  the  respective  Courts  to  which 
they  belong,  by  vertue  of  a  warrant  from  the  Clarke  of  the 
Gcnerall  Assembly  or  Gcnerall  Recorder  unto  the  Gen- 
erall  Sergant  in  such  forfitures  as  relate  to  towne  or 
townes,  they  or  any  of  them  shall  be  levied  and  taken  by 
distraynt,  either  by  himselfe  ok  by  his  deputy  or  deputys 
oat  of  the  estate  of  the  treasurer  of  the  respective  towne 
or  townes  from  which  such  forfUurc  or  forfitures  by  this 
meao.es  come  to  be  due  ;  or  in  case  a  treasurer  cannot  be 
found,  then  out  of  the  estate  of  auy  magistrate  or  freeman 
of  the  same  towne  that  shall  be  found  guilty  of  such  neg- 
lect. Butt  in  such  forfitures  wherein  the  Gcnerall  Serjant.. 
or  his  deputy  or  deputys  are  concerned,  then  by  vertue  of 
a  warrant  from  the  Clarke  of  the  Gcnerall  Assembly  or 
Gcnerall  Recorder  unto  a  Towne  Serjant  or  Constable  that 
is  not  concerned,  such  fine  or  forfitures  shall  be  levied  and- 
taken  by  distraynt  out  of  the  estate  or  estates  of  the  afore- 
sayd  Serjant  or  Serjants  ;  which  sayd  distresses,  soc  taken* 
shall,  under  the  perrill  and  pennalty  aforesayd,  be  return- 
ed within  two  months  of  the  date  of  the  writt  into  the 
publick  Treasury,  for  the  use  of  the  Collony  ;  raid  this  act 
for  the  coinpleatinge  and  filling  up  of  the  Generall  Assem- 
blys  and  Collony  Courts  of  Tryalls,  and  every  part  and 
parcell  thereof,  shall  stand  in  full  force,  any  act,  law,  stat- 
ute or  ordinance,  or  any  clause  or  clauses  therein  con- 
tayncd,  usage  or  custome  formerly  made  or  had  in  this 
Collony  to  the  contrary  hereof  in  any  wise  notwith- 
standing. 

Bee  it  enacted  by  this  present  Assembly  and  the  au- 
thority thereof,  that  the  Governor,  Deputy  Governor  and 


AND  PROVIDENCE  PLANTATIONS. 


m 


Assistants  of  this  Collony  shall  from  time,  to  time,  take  1G66. 
care  of  the  Collonv  Courts  of  Tryalls,  to  order  and  see  *-"~v~*-' 

*  J  The  number 

that  the  methods  and  rules  prescribed"  for  the  tryall  of^i^sitt 
causes,  and  the  speed  v  administration  of  justice  .ind  judg- LVco^tl  of 

■  Trva'ls* 

ment  accordingly  be  duly  observed.  And  it  is  farther  de- 
clared, that  in  case  the  Governor  or  Deputy  Governor  and 
any  of  the  Assistants,  to  be  fower  at  least,  shall  apeere  at 
the  time  and  place  where  such  Courts  are  to  be  held,  they 
shall  then  and  there  have  full  power  to  sitt  as  a  Collony 
Court  of  Tryall,  and  be  fully  impowered  according  to  the 
orders  and  rules  in  that  case  provided,  to  heare,  issue  and 
determine  all  actions,  cases  and  controversys,  matters  and 
things  relatinge  unto  such  Courts  as  amply  and  fully  as  if 
all  were  present  therein  ;  and  it  is  further  ordered,  that 
in  case  theire  apeere  not  such  a  number  of  Magistrates  as 
aforesayd  to  attend  that  service,  then  shall  all  the  Mag-  . 
istrates  that  shall  be  found  neglectfull  of  their  duty  there- 
in, forfitt  the  sum  of  five  pownd  apeece  ;  which  forfiture 
shall  be  taken  as  is  exprest  in  the  like  case  in  a  former 
act  for  the  compleatinge  of  the  Generall  Assembly  and 
Collony  Courts  of  Tryall  ;  any  law,  statute  or  ordinance, 
usage  or  custome  heretofore  made  or  had  in  this  Collony 
to  the  contrary  hereof  in  any  wise  notwithstanding. 

Voated,  upon  a  petition  presented  by  the  commaunders^fy a-- 
and  officers  of  the  trayne  band  of  the  towne  of  Newport, 
and  also  upon  the  searious  consideration  of  the  great  neg- 
lect of  the  due  exicution  of  the  enacted  lawes  of  this  Col- 
lony concerninge  the  militia,  for  the  pennaltys  of  per- 
sons not  attendinge  the  service  of  the  miUitary  exercise 
according  to  law,  is  not  duly  taken  by  reason  that  the 
power  of  judging  and  takinge  fines,  is  placed  in  such 
persons  as  either  cannot  or  will  not  performe  the  same, 
the  neglect  whereof  is  iicke  to  be  an  occasion  of  the  ruin 
of  the  millitary  exercise  throughout  the  whole  Collony,  if 
not  timely  prevented.  Ypon  the  consideration  whereof, 
and  that  the  sayd  millitary  exercise  be  vigerously  carried 
on  in  this  Collony,  it  is  by  this  present  Assembly  declared, 


172 


RECOUPS  Of  THE  COLOttY  OF  RHODE  ISLAND, 


1G66.  that  from  hence  forward,  it  is,  and  shall  be  in  the  power 
v-*~v'"*"-/ of  any  two  magistrates  in  each  towne,  together  with  the 
Captain  and  Lieutenant  of  the  band,  or  the  major  part  of 
them,  to  judge  of  the  excuses  of  such  persons  who  are  de- 
fective ;  which  being  judged,  it  shall  be  in  the  power  of 
them,  or  major  part  of  them,  to  graunt  forth  warrant  to 
any  officer  or  officers  of  the  Trayne  Band  as  they  shall 
think  fitt,  and  apoynt  to  take  by  distraynt  the  fine  or  fines 
of  such  person  or  persons  who  shall  be  defective  in  non-ap- 
pearance, &C,  according  as  the  laws  formerly  made  in 
such  cases  have  determined  and  the  sayd  fine  or  fines  if 
not  payed  by  the  defective  person,  shall  as  aforesayd  be 
taken  by  distraynt  twice  in  the  year.  And  the  officer  that 
takes  the  sayd  fines,  in  case  of  opposition,  to  be  impow- 
ered  to  require  and  take  sufficient  ayde,  and  to  be  al- 
lowed therefor,  as  the  former  lawes  doth  express  in  such 
cases.  And  also  the  sayd  fines  beinge  taken,  are  to  be 
forthwith  returned  unto  the  Captain  of  the  Band,  or  in  his 
absence,  the  Lieutenant  to  be  impowered  by  the  respective 
company  in  each  towne  as  they  shall  think  fitt.  And  this 
law  to  be  in  force,  any  law  or  lawes  in  this  Collony  to  the 
contrary  hereof  formerly  made  notwithstanding. 

It  is  ordered,  that  from  and  after  the  twentieth  day  of 

Hogs  of  in-  December,  now  next  ensueing,  that  it  shall  not  be  lawfull 

dians  to  ... 

maTke06  ^or  any  Indian  or  Indians  within  this  Collony  of  Rhode  Is- 
land, under  any  pretence  whatsoever,  to  keepe  or  cause 
to  be  kept,  either  hog  or  any  other  swine,  haveing  any 
apparant  cutt  marks  in  one  or  both  their  eares.  And  if 
any  hog  or  hogs,  or  any  other  swine  shall  be  found  in  the 
custody  or  possession  of  any  Indian  or  Indians  within  this 
Collony  marked  as  aforesayd,  it  shall  be  lawfull  for  any 
person  or  persons  to  take,  seize  and  dispose  of  the  same 
hog  or  hogs,  or  other  swine  ;  the  one  half  whereof  shall- 
returne  to  the  towne  treasury  in  which  bounderies  it  was 
taken,  the  other  halfe  to  the  party  or  parties  which  shall 
seize  the  same  or  cause  it  to  be  seized. 

It  is  also  ordered,  that  noe  English  or  Indians,  party  or 


AND  PROVIDENCE  PLANTATION? 


173 


parties  within  this  Collony  after  the  time  of  the  publica-  1666. 
tion  hereof,  shall  presume  to  either  buy,  sell,  barter  or 

7  r  Hogs  not  to" 

exchange  any  hog  or  hogs  or  any  other  swine  whatever, 
being  alive  or  dead,  that  have  not  the  eares  to  the  sayd 
swine,  vnless  the  sayd  party  soe  selling,  exchanging  or 
barteringe  such  swine,  doe,  by  sufficient  proofe  unto  a  jus- 
tice of  the  peace  within  this  Collony,  make  manifest  that 
the  eare  or  eares  of  any  such  swine  was  tome  off  by  dog 
or  dogs,  or  some  other  lickly  accident.  And  if  any  shall 
be  found  faulty  herein,  then  it  shall,  as  aforesayd,  be  law- 
full  for  any  persons  within  this  Collony  to  take,  seize  and 
dispose  the  same  ;  the  one  half  to  the  towne  treasury  in 
which  township  it  was  taken,  and  the  other  halfe  to  the 
party  which  shall  take  and  seize  the  same.  Also  it  is  or- 
dered, that  if  any  halfe  hog  or  hogs  or  other  swine  heing 
slitin  two,  and  have  noe  eare  to  its  halfe,  and  be  brought 
to  be  sold,  exchanged  or  bartered,  it  or  them  shall  be  for- 
fitt  as  aforesayd.  And  this  law  to  be  in  full  force,  any 
law  or  lawes  in  this  Collony  to  the  contrary  notwith- 


standinge. 


It  is  ordered  by  this  Assemblv,  that  from  henceforth  it  ah  hides 


shall  not  be  lawfull  for  any  person  or  persons  within  this 
Collony  to  buy,  sell,  exchange  or  barter  any  beast,  hyde 
or  hydes,  sheepe  skin  or  skins  with  the  wool  on,  or  have 
in  his  custody  any  such  hyde  or  skin  which  have  not  eares 
to  the  sayd  hyde  or  skin,  unless,  by  sufficient  proofe  to  a 
magistrate  or  justice  of  the  peace  within  this  Collony,  it 
be  made  manifest  that  such  hyde  or  hydes,  skin  or  skins, 
the  eare  or  eares  were  torne  off  by  some  dog  or  dogs,  or 
by  some  other  lickly  accident ;  andif  any  person  shall  be 
found  guilty  of  the  breach  of  this  order,  he  or  they  shall 
forfitt  and  loose  all  such  hyde  or  hydes,  skin  or  skins,  and 
also  to  pay  for  every  such  hyde  the  sum  of  three  pownds 
starling  ;  and  for  every  sheepe  skin,  the  sum  of  twenty 
shillings  ;  the  one  halfe,  both  of  hyde  or  skin  and  pennal- 
ty,  to  returne  to  the  towne  treasury,  in  which  township 
the  sayd  hyde  or  skin  is  taken,  the  other  halfe  to  the  party 


and  s-kins  to 
have  eare 
markes. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


KiiHi. 


Thomas 
Gould's  pe 
tition  an 
flvvered. 


The  Gov'ts 
account. 


Former  or- 
ders 10  lie 
recorded. 


None  to  scl 
liqours 
without  li- 
cence. 


Men  to  audit 
the  several  I 
Iowdm  debts 


taking  or  seizing  the  same.  And  it  is  hereby  declared, 
hat  it  shall  and  may  be  lawfull  For  any.  person  or  persons 
within  this  [Collony  to  make  com  play  nte  against  any  per- 
son or  persons  transgressinge  this  law]. 

Whereas,  there  is  a  petition  presented  to  this  Assembly 
by  Thomas  Gould  concerninge  a  rescue  made  by  Indians 
in  the  rescueinge  an  Indian  after  arrested  :  voated,  that 
the  Court  doe  give  him  an  answer,  which  is,  that  they  doe 
not  conceive  it  a  matter  that  conccrnes  them,  but  doe 
leave  the  sayd  Thomas  Gould  for  redress  to  a  course  in 
law  and  the  Courts,  in  such  cases  already  prOvyded. 

Voated  and  ordered,  that  the  Governors  accompts  pre- 
sented to  this  Court,  of  twenty  fower  pownds  six  shil- 
lings, whereof  sixteene  pownds,  accepted  by  the  Court, 
held  May  the  4th,  1004,  is  part,  is  now  ordered  to  be 
payed  to  the  Governor  out  of  the  Generall  Treasury. 

Voated,  that  whereas  Lieut.  Joseph  Torrey,  the  latd 
Recorder,  hath  in  this  Assembly  delivered  two  orders 
made  by  the  Assembly,  May  the  3d,  1G65,  which  he  was 
then  ordered  to  keepe  private,  concerninge  the  drawinge 
addresses,  &c.  to  his  Majestic,  this  Court  doe  order  that 
the  sayd  orders  shall  be  placed  to  the  record  by  this 
Recorder. 

Ordered,  that  noe  victualing  house  or  victualler  sell  liq- 
uors without  lycence  from  the  Magistrate,  who  also  shall 
give  security  to  keepe  good  order  according  to  the  law  in 
in  that  case  provyded,  under  the  pennalty  imposed  by 
the  law.  And  that  none  sell  liquors  on  the  first  day  to 
English  Indians,  but  shall  lose  twenty  shillings  for  every 
such  offence,  any  law,  order  or  allowance  to  the  contrary 
notwithstandinge.  * 

Voated,  upon  the  returne  of  the  Committee  sent  forth 
by  this  Court  for  the  auditinge  the  Collonys  debts,  and 
findinge  out  a  way  to  pay  moneys  in  England  ;  the  Court 
desire,  authorize  and  impowerc  the  followinge  for  the  sev- 
eral townes  :  for  Newport,  Capt.  John  Cranston,  Lieut. 
Joseph  Torrey  and  Mr.  Thomas  Harte  ;  for  Providence, 


AM)  PROVIDENCE  PLANTATIONS. 


175. 


Mr.  William  Carpenter,  Mr.  William  Harris  and  Capt.  1G6G. 
Thomas  Harris  ;  fur  Portsmouth,  John  Sanford  and  Lieut. 
John  Albro ;  for  Warwick,  Capt.  John  Greene,  Capt. 
Kandall  Houldon,  and  Mr.  Edmund  Calverly,  to  be  the 
persons  by  this  Court  impowered  to  audit  the  severall 
debts  in  the  respective  sayd  townes,  and  to  take  speedy 
course  that  Mr.  John  Clarke's  debts  be  forthwith  indea- 
voured  to  be  payed. 

Forasmuch,  as  our  late  agent,  Mr.  John  Clarke,  for  the  Mr.  John 

'  -  .  Cork's 

procuringe  of  our  Charter  among  the  debts,  was  necessi-  <n?or'?"?e.tfl 

Jl  O  o  '  (  apt.  Rich'u 

tated  to  contract  a  debt  with  Mr.  Richard  Deane  in  the  byVhe1^ 
Collonys  behalfe,  of  one  hundred  and  forty  pownds,  forC°''°n"N 
the  securety  whereof  he  was  constrayned  to  put  his  house 
and  land  in  Newport  under  a  mortgage.  And  forasmuch 
as  for  the  non-payment  of  the  aforesaid  debt,  at  the  time 
and  place  apoynted  (there  being  now  elapsed  about  twenty  ^ 
months),  the  house  and  land  of  the  aforesayd  Clarke 
seemes  to  be  under  a  forfiture,  and  to  lye  at  the  mercy  of 
the  sayd  Richard  Deane  or  his  assignes,  which  must 
needs  be  grieveous  for  our  sayd  late  agent  to  beare,  and 
cannot  be  easy,  creditable  nor  safe  for  the  Collony  to  suf- 
fer. Be  it  therefore  enacted  by  this  present  Assembly, 
and  by  the  authority  thereof,  that  the  aforesayd  debt  be- 
ing contracted  by  our  aforesayd  agent  in  the  behalfe  of  the 
Collony,  and  alsoe  well  improved  for  the  advantage  there- 
of, is  therefore  of  all  right  and  good  reason  to  be  deemed 
and  owned  by  it.  And  it  is  thereupon  by  this  present  As- 
sembly declared,  that  it  shall  from  henceforth  be  deemed 
and  (not  to  be  the  debt  of  our  sayd  late  agent,  but)  the  prop- 
er debt  of  this  Collony  of  Rhode  Island  awl  Providence 
Plantations  ;  and  thereupon  doe  further  enact  and  de- 
clare, that  the  aforesayd  Clarke  shall  be  and  is  hereby  de- 
clared to  be  fully  and  wholly  exonerated  and  discharged 
of  the  aforesayd  debt.  And  to  the  end  our  aforesayd 
agent  may  suffer  no  detriment  in  his  estate  by  reason 
of  a  certain  instrument  given  in  to  the  aforesayd  Richard 
Deane,  by  when  his  house  and  land  as  aforesayd  was  under 


170 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


166.6.  a  mortgage  for  the  security  thereof.    Bee  it  resolved,  and 
also  enacted  by  this  present  Assembly,  that  the  whole 

The  Co'lony  *  1  J 

^^^'"'-Gollony  of  Rhode  Island  and  Providence  Plantations  shall 
ciarke.  ^Q  ingaged,  and  is  hereby  declared  to  stand  ingaged  as 
the  Collonys  security  to  our  sayd  agent,  to  secure  the 
securety  he  hath  given  on  the  behalfe  of  the  Collony,  from 
any  the  least  disquiet,  detriment,  annoyance  or  molesta- 
tion that  may  or  cann  arise,  or  befall  himselfe  or  his  es- 
tate with  respect  to  the  premises,  or  any  thing  relating 
thereto.  And  this  act  and  every  part  thereof  to  stand  in 
full  force,  to  all  intents  and  purposes  therein  specifyed, 
any  act  or  acts,  clause  or  clauses  in  any  former  act  or  acts 
made  or  established  to  the  contrary  hereof  in  any  wise 
notwithstanding. 

And  now  to  the  end  in  a  speciall  manner,  and  in  the  first 
,  place  the  Collony  debt  aforesayd  of  one  hundred  and  forty 

pownds  to  Mr.  Richard  Deane,  together  with  good  consid- 
eration and  allowance  for  the  forbearance  thereof  may  be 
forthwith  payed  and  discharged,  and  currant  bills  pro- 
cured for  that  purpose,  and  also  sent  unto  him  by  Mr. 
Norton  Westrow,  who  is  now  goeing  for  England,  and  is 
also  authorized  by  him  to  demaund  and  receive  the 
same  : 

Bee  it  therefore  enacted  by  this  present  Assembly  and 
by  the  authority  thereof,  that  the  Committee  lately  named 
to  take  care  that  the  debts  of  our  late  agent,  Mr.  John 
Clarke,  be  forthwith  fully  and  discharged,  to  witt  :  Capt. 
John  Cranston,  I/ieut.  Joseph  Torrey  and  Mr.  Thomas 
Harte,  for  Newport ;  Mr.  William  Harris,  Mr.  William 
Carpenter  and  Capt.  Thomas  Harris  for  Providence  ;  Capt. 
committee  John  Sanford  and  Lieut.  John  Albro  for  Portsmouth  ;  and 
moneys  for  Capt.  John  Greene,  Caot.  Randall  Houldon  and  Mr.  Ed* 

Mr.  Clarke.  1  . 

mund  Calverly,  for  Warwick,  shall  be  and  are  hereby  de- 
clared to  be  fully  authorized  and  impowered  to  make  spee- 
dy, strict  and  dilligcnt  inquiry  into  the  late  levie  of  six 
hundred  pownds  made  and  proportioned  to  the  severall 
townes  and  villages  and  parts  of  the  Collony  by  the  Gen- 


AND  PROVIDENCE  PLANTATIONS- 


177 


erall  Assembly  in  the  yeare  1664,  for  the  purpose  afore-  16GG.  1 
sayd,  in  order  to  finde  out  who  hath  payd  in  their  propor-  «s*""v-w 
tions  thereof  to  our  sayd  agent,  and  who  are  behind. 
And  that  the  sayd  Committee  are  also  hereby  authorized, 
impowered  and  also  required,  with  all  possible  speed  that 
may  be,  in  the  respective  townes  to  which  they  belong  and 
elsewhere,  to  ask,  demaund  and  receive  in  the  Collonys 
name  and  for  their  use,  as  is  aforesayd,  all  such  sum  or 
sums  as  are  yett  due  upon  that  account  from  any  person 
or  persons  within  the  sayd  townes,  or  any  parts  annexed' 
thereto,  or  throughout  the  Collony  ;  and  the  sayd  sum  or 
sums  being  received,  full  releases  and  ample  discharges  to 
give  ;  which  shall  be  as  firrae  to  all  intents  and  purposes, 
as  if  given  by  this  present  Assembly  and  vnder  the  hand 
of  the  Moderator  thereof.  And  it  is  further  enacted,  that 
the  sayd  Committee  is  hereby  impowered  and  also  re- 
quired, with  all  possible  speed,  to  doe  their  vtmost  indea- 
vour  by  the  aforesayd  receipts,  to  procure  currant  bills  to 
discharge  the  aforesayd  debt  due  to  Mr.  Richard  Deane, 
with  good  consideration  for  the  forbearance  thereof,  and  to 
send  them  (together  with  letters  expressing,  among  other 
things  by  way  of  apologie  for  these  long  delaies)  the 
Collonys  thankfull  acknowledgments  for  the  many  civiletys 
and  courtecys  heaped  upon  them  as  by  their  agent  they 
have  beene  thoroughly  informed  by  Mr.  Westrow,  who  is 
now  goeing  by  the  first  opeitunety.  And  in  case  current 
bills  cannot  be  procured  within  the  time  prefixt  to  answer 
the  whole,  that  the  sayd  Committee  shall  send  such  as  can 
be  procured,  with  letters  houlding  forth  such  reall  appolo- 
gys  for  the  Collonys  defects  herein  as  may  justly  be  made) 
and  such  ample  promises  on  the  Collonys  behaife  with  re- 
spect to  allowance  for  the  forbearance  of  the  whole,  and 
of  what  is  behind  as  may  give  him  grounds  hopefully  to 
expect,  as  opportunity  is  offered  a  performance  thereof. 
And  to  the  end  the  Committee  aforesayd  may  not  fayle  by 
this  meanes  to  have  effects  in  their  hands,  whereby  the 
vol.  ii.  23 


178 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1006.  bills  aforesayd  may  be  procured,  and  also  dispatched  away 

^v-*--  by  this  present  opertunity. 

Bee  it  enacted  by  this  present  Assembly  and  by  the  au- 
thority thereof,  that  writts  shall  be  forthwith  drawne  up 
and  signed  by  the  Clarke  of  this  Assembly  and  delivered 
into  the  hands  of  the  sayd  Committee  ;  being  directed 
unto  the  Generall  Sergant,  for  the  towne  of  Newport, 
the   Towne  -  Sargent  or    Constable   for  the  respective 
townes  of  Providence,  Portsmouth  and  "Warwick,  and  parts 
annexed  thereto  ;  and  for  Block  Island,  Pcttccomscutt  or 
any  other  place  exprest  in  that  order  of  the  Generall  As- 
sembly ;  in  which  writts,  the  aforesayd  Sergants  and  Con- 
stables shall  be  strictly  comaunded  and  required  under 
very  great  perrills  and  pennaltys  (the  credit  of  the  Collo- 
ny  and  safety  of  the  Charter  very  much  depending  there- 
on) to  observe  the  orders,  and  directions  from  time  to  time 
of  the  aforesayd  Committee  with  respect  to  this  great  trust 
reposed  in  them.    And  by  the  direction  and  appointment 
of  the  sayd  Committee  shall  forthwith  give  notice  to,  and 
also  require  the  free  inhabitants  of  any  towne  or  place  that 
hath  not  as  yett  observed  the  Generall  Court  order  in  that 
case  provyded  ;  that  they  forthwith  meet  together  and 
make  an  equall  and  just  rate  for  the  payment  of  such  sum 
or  sums  as  upon  the  account  aforesayd  have  beene  imposed 
upon  them.    And  that  they  shall,  upon  and  by  the  direc- 
tion of  the  sayd  Committee,  forthwith  give  notice  unto  and 
also  require,  all  those  that  have  not  yett  payd  in  their  rate 
aforesayd,  to  repaire  by  such  a  time  as  shall  be  prefixt, 
and  to  such  persons  as  shall  be  deputed  by  the  sayd  Com- 
mittee, to  pay  their  rate  or  to  contract  with  them  for  the 
payment  thereof.    And  that  the  aforesayd  Sergants  and" 
Constables  shall  also,  upon  and  by  the  directions  and 
apoyntment  of  the  sayd  Committee,  forthwith  levie  by  dis- 
traint all  such  sum  or  sums  as  shall  not  by  the  time  prefixt, 
be  payed  to  or  contracted  with  such  as  as  are  deputed  as 
aforesayd  for  the  payment  thereof;  which  distresses  soe 


AND  PROVIDENCE  PLANTATIONS. 


179 


levied  and  taken,  shall,  under  the  pennalty  of  fovfitting  1666. 
double,  be  forthwith  payed  in  unto  the  Committee  afore- 
sayd,  or  unto  such  as  they  shall  depute  to  receive  the 
same.  And  it  is  further  enacted  by  this  present  Assembly 
and  also  declared,  that  the  aforesayd  Mr.  William  Harris 
and  any  six,  five  or  fower  of  the  sayd  Committee  shall 
have  and  are  hereby  declared  to  have,  full  power  to  act  in 
the  premises,  as  to  the  giveinge  forth  directions  and  orders 
aforesayd  ;  as  to  the  apoynting  of  times  and  places  of 
meeting ;  as  to  the  procureing  of  bills  and  writting  letters 
and  dispatching  the  same  away  to  Mr.  Richai'd  Deane  by 
the  first  opertunity,  or  as  to  any  other  matter  or  thinge  re- 
latinge  to  the  speedy,  faithfull  and  effectuall  discharge  of 
this  present  trust  reposed  in  them,  as  amply  and  as  fully, 
as  if  all  and  every  one  were  present  and  concurring  there- 
in ;  and  what  the  sayd  Mr.  "William  Harris  or  any  six, 
five  or  fower  of  them  shall  doe  in  the  premises  upon  the 
account,  and  to  the  ends  aforesayd,  shall  be  deemed, 
judged  and  owned  of  as  full  force  and  vertue,  to  all  intents 
and  purposes,  as  if  acted  and  done  in  this  Generall  Assem- 
bly. Provyded,  nevertheless,  that  what  is  acted  and  done 
by  Mr.  "William  Harris  and  the  rest  of  the  sayd  Commit- 
tee in  the  premises  shall  be  brought  in,  and  an  exact  ac- 
count shall  be  given  unto  the  Genera^  Assembly  next  en- 
sueinge.  And  this  act  and  every  part  and  parcell  thereof 
shall  stand  in  full  force  to  all  intents  and  purposes,  any 
act  or  acts,  or  clause  therein,  usage  or  custom  made  or 
had  in  this  Collony  to  the  contrary  hereof  in  any  wise  not- 
withstanding. 

Ordered,  that  the  copies  of  these  acts  concerninge  Mr. 
Clarke  and  the  Committee  apoynted  for  the  takeinge  care 
of  the  payinge  the  Collonys  debts  to  Capt.  Richard 
Deane,  shall  be  sent  to  the  respective  townes  within  fower 
daies  of  the  dissolution  of  this  Court  under  the  Seale  of 
the  Collony. 

Ordered,  that  the  Clarke  of  this  Assembly  shall  have  for 
copies  of  all  this  Court  acts,  and  for  trancescribing  sent  by 


180 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1666.  Colonel!  C&rtwrigbt  for  England,  and  for  affixing  the  Scale 
^*v"**  to  these  copies  forthwith,  to  be  sent  to  the  townes  con- 
cerninge  reaisinge  moneys  to  pay  Mr.  Dcanc  in  England, 
and  for  affixinge  the  Scale  to  the  rest  when  sent  forth,  the 
sum  of  thirty  shillings  from  each  towne. 


Proceedings  of  the  Gencrall  Assembly  held  for  the  Cottony 
of  Rhode  Island  and  Providence  Plantations  at  Newport, 
the  Slst  of  October,  1666. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Easton,  Deputy  Governor. 


ASSISTANTS. 


Mr.  William  Coddington, 
Mr.  Richard  Tew, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  William  Harris, 


Capt.  Thomas  Harris, 
Mr.  William  Baulston, 
Mr.  Samuell  Wilbore, 
Capt.  John  Greene, 
Mr.  Benjamin  Smyth. 


DEPUTIES. 


Newport. 
Mr.  John  Clarke, 
Capt.  John  Cranston, 
Lieut.  Joseph  Torrey, 
Mr.  William  Dyre, 
Mr.  Edward  Smyth, 
Mr.  Thomas  Harte. 

Providence. 
Mr.  Gregory  Dexter, 
Mr.  Thomas  Arnold, 
Mr.  William  Wickendon, 


Mr.  Epenetus  Olney. 

Portsmouth. 
Mr.  John  Card, 
John  Sanford, 
Lieut.  John  Albro, 
Mr.  Joshua  Coggeshall, 

Warwick. 
Mr.  Samuell  Gorton, 
Capt.  Randall  Houldon, 
Mr.  John  Weeks, 
Mr.  Edmund  Calverly. 


AND  PROVIDENCE  PLANTATIONS. 


181 


The  Governor  .chosen  Moderator  of  this  Assembly.  1656. 

John  Sanford  chosen  Clarke  of  this  Assembly. 

Voated,  that  whereas  there  is  an  order  made  March  27th, 
1666,  eoncerninge  the  Magistrates  and  Deputies  sitting  a-  ^her" 
part,  only  it  was  by  that  Court  referred  to  the  Generall  As- 
sembly held  in  May  last,  and  the  sayd  Court  conceiveinge 
themselves  not  in  a  suitable  capacity  to  act  in  the  matter, 
did  dissolve  without  giveiug  any  result  thereto  ;  and  the 
hist  Generall  Assembly  sitting  September  the  4th,  1666,  Repeal, 
takeiog  notice  thereof,  referred  the  consideration  of  the 
matter  to  this  Assembly  ;  and  this  Assembly  having  had 
long  and  serious  debates  about  the  premises,  doe  order  that 
the  Court  doe  sitt  together  in  one  house  untill  the  Assem-  . 
bly  take  further  or  other  order  therein. 

Whereas,  by  an  act  of  the  Generall  Assembly  held  at^e^** 
Newport,  in  the  yeare  1664,  it  doth  appeare  a  levie  ofclar*e- 
six  hundred  pownd  was  made  principally,  and  upon  the 
poynt  wholly  for  the  payment  of  the  Collony  debts  to  our 
late  agent,  contracted  in  his  negotiation  in  England  for 
the  procureinge  our  Charter :  and  whereas  by  an  act  of 
the  last  Generall  Assembly  held  at  Newport  in  this  pres- 
ent yeare  1666,  a  Committee  was  pitched  upon,  and  also 
impowered  to  make  inspection  into  the  aforesayd  levie,  in 
order  to  finde  out  who  hath  payd  in  their  proportion  there- 
of to  our  sayd  agent,  and  who  are  behind,  which  sayd 
Committee  were  also  impowered  and  also  recruired  with  all 
possible  speed  that  might  be,  to  ask,  demaund  and  receive 
all  such  sum  or  sums  as  were  then  due  upon  that  account, 
and  by  the  receipts  thereof  to  procure  currant  bills  for  Eng- 
land, for  the  speedy  discharge  of  that  part  of  the  Collonys 
debt  due  to  Mr.  Richard  Deane,  of  one  hundred  and  forty 
pownds,  and  to  give  an  exact  account  of  their  proceedings 
therein  to  the  Generall  Assembly  next  ensuinge,  as  is 
more  amply  exprest  in  the  sayd  act.  And  whereas,  the 
sayd  Committee  have  here  appeared  in  this  present  As-: 
sembly,  and  have  given  in  their  account  that  they  have 
beene  obstructed  in  the  premises  soe  as  not  to  be  in  a  ca- 


182 


RECORDS  OK  THE  POLONY  OF  RHODE  ISLAND, 


1G6G.  pacify  to  discharge  the  trust  reposed  inathem  ;  partly  by 
v-p"v"w  reason  they  finde  very  much  ol*  the  aforesayd  levie  taken 
up,  withheld  or  suspended  upon  other  and  latter  accounts, 
and  partly  by  reason  that  they  finde  that  currant  bills  cannot 
be  procured  at  the  rates  exprest  in  the  sayd  act,  for  rc- 
moveinge  of  the  sayd  obstructions  and  for  the  further  impow- 
m'uo?tnoor-  ering  of  the  sayd  Committee.  Be  it  therefore  enacted  by 
(»  Mi-.  John  this  present  Assembly  and  by  the  authority  thereof,  that  the 
continued,  aforesayd  Committee  shall  still  re  may  no  and  be  invested 
with  all  the  powers  exprest  in  the  aforesayd  act,  which  is 
hereby  declared  to  stand  and  be  in  as  full  force  and  virtue, 
to  all  intents  and  purposes  with  respect  to  all  persons, 
matters  and  things  therein  contained,  in  order  to  the  ac- 
complishing and  coinpleatingc  of  what  is  propounded 
therein,  as  it  was  at  the  first  day  of  the  publishing  there- 
of. And  it  is  further  enacted  and  also  hereby  exprcstly 
declared,  that  noe  other  debt  or  debts  belonging  to  any 
other  person  or  persons  from  this  Collony  shall  take  place 
soe  as  to  suspend  or  discharge  any  part  of  the  aforesayd 
levie  untill  the  aforesayd  debt  to  Mr.  Richard  Deane  be 
fully  discharged,  or  some  suitable  course  taken  for  the  dis- 
charging thereof,  excepting  only  what  hath  beene  already 
payd  unto  or  discounted  by  our  sayd  agent  who  procured 
our  Charter,  and  in  defrayinge  the  charges  of  convaying 
it  hither.  And  it  is  further  enacted  and  also  hereby  ex- 
pressly declared,  that  the  Committee  afore  mentioned,  in 
whome  this  trust  is  reposed,  shall  have  full  power  and  au- 
thority to  ask,  demaund,  and  also  by  distraynt  to  levie, 
take  and  receive,  as  is  exprest  in  the  aforesayd  act,  every 
part  and  parcell  of  the  aforesayd  levie  that  yet  remains  soe 
unpaid,  at  such  rate  or  rates  as  they  can  procure  currant 
bills  for  England,  at  double  the  vallue  thereof.  And  in 
case  the  sayd  Committee  cannot  procure  bills  within  the 
verge  of  this  Collony,  but  shall  see  cause  for  the  discharge 
of  their  trust  to  make  some  adventures  abroad  to  the  Bar- 
badoes  or  elsewhere,  to  procure  the  same  :  it  is  hereby 
declared,  that  the  aforesayd  adventurers  shall  be  secured 


AND  PROVIDENCE  PLANTATIONS. 


-183 


by  this  present  act  of  the  Collony  from  auy  the  least  haz-  1666. 
ard,  detriment  or  damage  that  may  ensue  thereupon,  «*<-v-w 
which  sayd  damage,  in  case  it  shall  happen,  shall  be  borne 
by  the  respective  towne  ;  or  rather  by  such  persons  in  the 
sayd  towne,  who  are  behind  in  their  rate,  on  whose  be- 
halfe,  and  with  respect  to  the  discharge  of  whose  proper 
debt  the  adventure  was  made.  And  whereas  it  hath  been 
declared  in  this  present  Assembly  that  there  are  severall 
persons  inhabitinge  this  Collony  which  are  yett  behind  in 
former  rates,  by  reason  whereof  many  are  discouraged 
and  disheartened  from  paying  rates,  and  others  overbur- 
dened and  ready  to  sink  for  want  of  the  just  support  and 
assistance  which  they  should  alford  ;  Bee  it  therefore  fur- 
ther enacted  by  this  present  Asembly,  that  the  Committee 
aforesayd  shall  have,  and  are  hereby  declared  to  have  full 
power  and  authority  to  make  inquiry  who  are  behind  in 
former  rates,  and  of  them  and  every  of  them  to  ask,  de- 
maund,  and  in  case  of  refusal],  by  distraint  to  levie,  take 
and  receive  (as  is  exprest  in  the  aforesayd  act  touching 
the  aforesayd  levie),  every  part  and  parcell  thereof,  and  at  vpon  refuse- 

•        i  i  all  ou  those 

such  rate  or  rates  as  is  abovesayd,  in  order  to  ease  the  ««*  are,be- 

'  hind  of  their 

burden  of  those  who  have  too  long  been  oppressed  by  suchrates" 
defaults. 

Mr.  John  Easton,  for  Newport,  and  Mr.  William  Baul- 
ton,  of  Portsmouth,  are  added  to  the  Committee  to  act 
with  the  like  full  power  with  them. 

Voated  and  ordered,  that  the  Committee  appoynted  for  The  com- 

i  ..  n        i  p  -\  r      ■¥■»•  l  -r\  mittee  to  be 

tne  raising  moneys  for  the  payment  of  Mr.  Richard  Deane  pai«  for 

°  *  A    »  their  paincs. 

shall  be  payed  and  allowed  for  their  paines  and  trouble  in 
the  premises.  v 

Voated  and  ordered,  as  an  addition  to  the  probate  of  a  ddltton  of 

.  m  probate  of 

wills,  that  in  case  any  person  dye  intestate,  and  there  bewills- 
none  of  the  kindred  who  will  administer  in  case  the  Towne 
Councell  of  any  of  the  townes  shall  see  cause  to  apoynt  an 
administrator  to  administer  ;  both  the  Councell  and  the  ad- 
ministrator shall  be  indeninifyed,  and  the  administrator 


184  • 


RECORDS  OF  THE  COLONY  OF  KHODU  ISLAM), 


1066.  shall  be  lyable  to  pay  debts  noo  further  than  the  estate  of 

^-"-v—*^  the  intestate  will  make  payment. 

It  is  ordered,  that  Mr.  John  Clarke  is  deputed  and  au- 

car'k!'1!!!    thorized  to  compose  all  the  lawes  of  the  Collony  into  a 

hi'orlrJ."™  good  method  and  forme,  leaveing  out  what  may  be  super- 
fluous, and  adding  what  may  apeere  unto  him  necessary, 
as  well  for  the  regulation  of  Courts  as  otherwise.  And  for 
the  better  eifectinge  of  the  matter,  this  Generall  Assembly 
doe  desire  Mr.  John  Sanford,  Recorder,  to  accommodate 
Mr.  John  Clarke  with  the  perusall  of  the  Booke  of 
Records,  and  what  trouble  and  charge  the  Recorder  is 
putt  to  by  mcanes  thereof,  he  shall  be  satisfyed  by  the 
public  Treasury  ;  as  ulsoe  in  soe  doeing,  he  shall  be  saved, 
and  indemnifyed  by  authority  of  this  Assembly.  It  is 
further  ordered,  that  the  Recorder,  Mr.  William  Harris 
and  Mr.  John  Greene,  may,  after  the  composure  [of  the 
lawes]  have  the  view  of  them,  and  give  their  thoughts 
thereupon  ;  and  furthermore,  if  possible,  that  they  may 
be  presented  to  the  next  Generall  Assembly  for  their  ap- 
probation, as  they  in  their  wisdoms  shall  see  meet.* 

Vpon  the  petition  of  Mr.  John  Almy,  that  he  being  im- 

>ir.  John    ployed  by  the  Governor  in  the  time  of  the  Dutch  man  of 

Almy  bo         *      r  •* 

a  lwf-7iost  warr  being  on  this  coast,  to  discover  the  enemy  ;  and 
'ofArvic^  makeing  great  expedition  by  riding  along  the  coast,  lost  a 
horse  in  that  service  :  therefore,  the  Court  doe  order,  that 
he  shall  be  payed  the  sum  of  seven  pownds  for  his  horse 
out  of  the  Generall  Treasury. 

The  Generall  Sergant  haveing  exhibited  his  bill  to  this 
sarpent"'11  Court  for  his  service  done  from  May,  16G5,  to  this  instant 
allowed.      Court,  amounting  to  the  sum  of  twelve  pownds,  fower- 
teene  shillings  ;  it  is  by  the  Court  allowed,  and  ordered 
to  be  payd  out  of  the  Generall  Treasury. 

Ordered,  that  the  Clarke  of  this  Assembly  shall  have 
ten  shillings  from  each  towne  for  copies  of  this  Court  or- 
ders, and  for  the  Scale  thereto. 


AM)  PROVIDENCE  PLANTATIONS. 


185 


1007 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  Neir- 
port3  the  1st  of  May,  1667. 

Mr.  "William  Brenton,  Governor* 

Mr.  Nicholas  Easton,  Deputie  Governor. 


ASSISTANTS. 


Mr.  William  Coddington, 
Mr.  Kichard  Tew, 
Mr.  John  Easton, 
Mr.  "William  Carpenter, 
Mr.  William  Harris, 


Capt.  Thomas  Harris, 
Mr.  William  Baulston, 
Mr.  Samuell  Wilbur, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


DEPUTIES. 

Newport.  Mr. 
Mr.  John  Clarke, 

Mr.  James  Barker,  Mr. 

Mr.  William  Reape,  Mr. 

Capt.  John  Cranston,  Mr. 

Mr.  Peter  Easton,  Mr. 
Mr.  Walter  Clarke. 

Providence.  Mr. 

Mr.  Roger  Williams,  Mr. 

Mr.  Thomas  Olney,  Sen'r  Mr. 

Mr.  John  Throckmorton,  Mr. 


Stephen  Arnold, 
Portsmouth. 
John  Card, 
"William  "Woodell, 
William  Hall, 
Robert  Hazard. 

Warwick. 
John  Wickes, 
Richard  Carder, 
James  Greene, 
Edmund  Calverly. 


The  Governor,  Mr.  William  Brenton,  chosen  Moderator 
of  this  Assembly. 

John  Sanford,  chosen  Clerke  of  this  Assembly. 

Thomas  Burg,  being  a  freeman  of  Newport,  and  by 
the  Towne  Clerke  proposed,  is  admitted  a  freeman  of  this 
Collony. 

Voated,  that  whereas  severall  of  Miscomaqutt,  and 
vol.  n.  25 


186 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  some  of  Pettacomseutt,  haveing  petitioned  this  Court  to 
be  admitted  freemen,  it  is  referred  to  this  Courts  further 
consideration. 

Mr.  John  Greene,  Mr.  John  Easton  and  John  Sanford 
are  chosen  and  authorized  to  view  the  voates  that  come  in 
for  the  Election,  and  take  speciall  care  thereof. 

The  Court  adjourned  till  to  morrow  eight  of  the  clock, 
to  give  way  for  the  Election. 

The  Magistracy  by  the  Election  are,  vizt : 
Mr.  William  Brenton,  Governor,  ingaged. 
Mr.  Nicholas  Easton,  Deputy  Governor,  ingaged. 
Mr.  Peleg  Sanford.  Assistant,  ingaged. 
Mr.  William  Reape,  Assistant,  ingaged. 
Mr.  John  Easton,  Assistant,  ingaged. 
Mr.  William  Carpenter,  Assistant,  ingaged. 
Mr.  William  Harris,  Assistant,  ingaged. 
Capt.  Arthur  Fenner,  Assistant. 
Mr.  William  Baulston,  Assistant,  ingaged. 
Mr.  Samuell  Wilbur,  Assistant,  ingaged. 
Capt.  John  Greene,  Assistant,  ingaged. 
Mr.  Benjamin  Smith,  Assistant,  ingaged. 
The  other  General  officers  are,  vizt : 
John  Sanford,  Gen'll  Recorder,  ingaged. 
James  Rogers,  Gen'll  Sergant,  ingaged. 
Mr.  John  Coggeshall,  Gen'll  Treasurer,  ingaged. 
Mr.  John  Easton,  Gen'll  Aturney,  ingaged. 
Edward  Richmond,  Gen'll  Solicitor,  ingaged. 
The  Charter  was  according  to  order,  openly  read. 

1.  Vpon  the  request  of  Mr.  Edmund  Calverly,  that 
the  Deputies  for  halfe  an  howers  time  might  withdraw 
themselves,  it  was  accordingly  voated  and  graunted. 

2.  Whereas,  there  were  some  of  the  members  of  this 
Court  that  objected  against  Mr.  William  Harris,  that  he 


Petition  to 
have  Mr. 
Wm.  Harris 


Mr-  i8  being  charged  to  have  exceeded  his  commission  in  the 


suspended.  ex^cuj-jon  0f  j^g  0fficej  he  should  be  now  suspended  from 
being  ingaged  till  the  case  be  answered.  It  was  voated, 
that  the  Governor  shall  not  suspend,  but  administer  the 


AND  PROVIDENCE  PLANTATIONS. 


1ST 


incracrement  unto  the  savd  Mr.  "William  Harris,  Assistant.  1667. 
according  to  the  law  ;  and  that  in  case  the  charges  he  th  ^-v*-' 
ought  against  Mr.  Harris  or  any  other  Magistrate,  he  hath 
his  liberty  to  prosicute  his  charge.    Provided,  he  doth 
it  according  to  the  course  and  order  the  law  hath  pro- 
vided. 

3.  Ordered,  that  whosoever  of  the  members  of  this^^^- 
Court  shall  be  absent  at  the  time  of  the  Courts  calling, 
shall  forfitt  six  pence  :  and  for  every  hower  after,  six 
pence  per  hower  ;  and  that  he  that  shall  goe  out  of  the 
Court  without  the  leave  of  the  Moderator,  shall  forfitt  six 
pence  for  every  hower  he  is  absent. 

•A.    Yoated,  that  whereas  Mr.  John  Clarke  was  chosen  «>•  £°&? 

*  Clarke  cnoa- 

first  Assistant  for  Newport,  and  he  refusing  to  ingageg^H^j 
thereto,  the  first  worke  of  the  Court  shall  be  to  fill  up  therefaies 
number  of  Magistrates. 

Mr.  Peleg  Sanford  chosen  Assistant  for  Newport,  and 
ingaged. 

5.  Yoated,  that  to  the  ingagement  of  the  officers  shall 
be  added  these  words,  viz  :  "according  to  the  Charter." 

Whereas,  Ann,  late  wife  to  Peter  Talman,  of  Ports- 

'  - 1  '  wxte  of  Peter 

mouth,  was  at  the  Generall  Assembly,  held  May  3,  1665,If^l£or" 
sentanced  to  be  whipt  at  the  towne  of  Portsmouth,  andco'Ss.'0 
at  the  towne  of  Newport,  and  she  at  the  time  escapeinge 
the  exicution  of  that  sentance  :  and  this  Assembly  being 
informed  that  she  is  now  againe  come  into  the  Collony,  it 
is  ordered,  that  warrant  shall  be  forthwith  issued  forth 
from  this  Assembly  to  any  Constable  forthwith,  to  appre- 
hend the  body  of  the  sayd  Ann,  and  bring  her  before  this 
Assembly,  in  which  warrant  the  Constable  shall  be  au- 
thorized, if  need  be,  to  command  and  require  sufntient 
ayde  :  and  the  savd  warrant  shall  be  signed  bv  the  Clarke 
of  this  Assembly. 

6.  "Whereas,  Anthony  Emery,  Constable  for  the  towne 
of  Portsmouth,  who  by  warrant  from  this  Court,  was  com- 
manded to  apprehend  and  bringe  the  body  of  Ann,  late 
wife  of  Peter  Talman,  of  Portsmouth  ;  and  he  accordingly 


188  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

16G7.  haveinge  performed  his  office  and  brought  the  sayd  person 
before  this  Assembly,  the  Court  doe  order  that  Capt.  Mor- 
ris  shall  supply  the  sayd  Constable  with  necessary  provi- 
sions and  drink,  and  shall  be  payd  therefor  by  the  Treasu- 
ry ;  and  that  the  sayd  Constable  shall  be  allowed  and 
payed  for  his  paines  and  travill  therein,  and  she  is  com- 
mitted to  the  Sergants  keepcinge. 

7.  Whereas,  the  aforesayd  Ann  Talman  was  at  the 
maniac.  Genemll  Assembly,  held  the  3d  of  May,  1GC5,  sentenced 
to  be  twice  whipt,  which  by  her  eseapc  was  not  then  exi- 
cuted  ;  and  whereas  she  hath  petitioned  this  Assembly 
for  mercy,  the  Court  doe  agree  and  order,  that  one  halfe 
of  her  punishment  shall  be  remitted,  soe  that  she  shall  be 
but  once  whipt  with  fifteene  stripes,  at  the  towne  of  New- 
port ;  and  this  sentence  to  be  exicuted  at  the  discression 
and  appoyntment  of  the  Governor  and  Councill ;  and  the 
fine  she  was  then  fyned  is  wholly  remitted. 

Whereas,  Richard  Pray,  of  Providence,  and  Mary  his 
MarhypdraySd  wife?  have  putt  up  a  petition  to  this  present  Assembly, 
pennon,  therein  sueing  for  a  divorce  and  fynall  partinge,  each  from 
the  other,  by  the  assent  and  allowance  of  the  sayd  Assem- 
bly ;  and  whereas,  the  sayd  Richard  and  Mary,  his  wife, 
haveing  been  examined  concerninge  the  grownds  of  this 
their  desire,  have  not  been  able  to  render  any  such 
grownds  as  will  warrant  any  such  an  allowance,  &c.  ;  it 
is  therefore  hereby  declared  by  this  present  Assembly, 
that  although  there  seemes,  upon  the  examination  and 
consideration  of  the  whole  (to  prevent  the  lamentable  mis- 
chiefe  and  miseries  that  may  follow),  a  kinde  of  necessity 
for  the  present,  to  permitt  their  owne  act  soe  fair  as .  it 
relates  to  their  liveing  apart ;  yett  can  we  not  allow  of 
such  a  partinge,  as  in  their  petition  they  move,  for  soe  to 
be  at  liberty  to  joyne  themselves  in  marriage  to  any  other. 
And  therefore  doe  hereby  declare,  that  in  case  either  of 
them  shall  soe  doe,  they  shall  not  be  excused  from  the 
perils  and  pennaltys  the  law  hath  provided.  And  foras- 
much, as  upon  examination,  we  finde  that  the  sayd  Rich- 


AST)  PROVIDENCE  PLANTATIONS.  159 

ard  Pray  hath,  by  an  act  and  instrument  bearing  date  the  1667. 
26th  of  December,  1666,  under  his  hand,  made  over  some 
part  of  his  estate  unto  the  Counsell  of  the  towne  of  Provi- 
dence,  for  the  use  of  the  said  Mary,  his  wife  and  her  chil- 
dren, as  is  in  the  sayd  deed  more  amply  exprest,  and  hath 
now  owned  the  same,  manifestinge  that  it  is  his  desire 
that  the  sayd  Counsell  successively  should  as  feofees  in 
trust,  accordinge  to  their  sayd  trust,  stand  seised  thereof. 
It  is  therefore  enacted  by  this  present  Assembly  and  by 
the  authority  thereof,  that  the  sayd  act  and  deed  of  the 
sayd  Richard,  shall  be  and  is  hereby  declared  to  be  rati- 
fyed,  confirmed  and  established,  soe  as  to  be  judged  and 
deemed  firme  to  all  intents  and  purposes  therein  exprest, 
in  any  Court  of  Tryalls  throughout  this  Collony.  And  to 
that  intent  doe  order,  that  the  sayd  deed  or  instrument 
shall  be  recorded  and  kept  among  the  Generall  Records  of 
this  Collony  as  a  warranty  to  the  sayd  Counsell  to  act  by, 
in  order  to  save  the  towne  of  Providence  from  being  burden- 
ed or  charged  with  any  of  the  sayd  children,  in  case  the  sayd 
Richard  and  Mary  Pray,  or  either  of  them,  should  in  this 
vexatious  and  irreconcileable  frame  of  spirit,  in  which  they 
are  imbezell,  and  haveing  imbesseled  the  same,  and  even  ru- 
ined themselves,  should  leave  their  children  and  depart  to 
some  remote  part,  where  this  jurisdiction  cannot  reach  them. 

Voated  and  ordered,  that  the  Councill  of  TVarr  in  each  wi»  the 
towne,  be  the  Towne  Councill,  together  with  the  Captain w«r. 
and  Lieutenant  of  the  Band. 

Voated,  and  ordered,  that  each  towne  take  speciall  care  im,  tor 
to  raise  expend  betwixt  this  and  the  last  of  June,  for  the 
procure  inge  of  ammunition,  as  followeth,  viz  :  fifty 
pownds  for  Xewport,  and  twenty  pownds  for  each  other 
towne.  But  in  case  they  effect  it  not  by  the  last  of  Octo- 
bernext  ensuinge,  that-then  the  towne  of  Xewport  be  lyable 
to  pay  to  the  Generall  Treasury  a  fine  of  twelve  pownd 
tenn  shillings,  and  each  of  the  other  townes,  a  fine  of  five 
pownd.  And  for  the  manner  of  amunition  that  shall  be 
procured,  that  it  be  as  the  Councill  of  Warr  aforesayd 


i90 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  shall  judge  mcctc,  and  that  the  aforesayd  fines  be  taken 

>-*~v~w  by  distraynt. 

It  is  ordered,  that  all  commission  officers  of  the  Band 

toof""  shall  have  their  confirmations  in  their  places,  and  commis- 

have com-0  sions  from  the  Gencrall  Assembly,  or  whom  they  shall  de- 
missions. * 

pute,  unto  whome  they  shall  give  their  ingagemcnt ;  and 
we  doe  further  declare,  that  noc  person  shall  be  elected  a 
commission  officer,  or  Clarke  of  the  Band  of  any  townc, 
but  one  that  is  free  of  the  towne. 

Furthermore,  it  is  ordered,  that  being  the  towne  of 
Great  guns  Newport  seemes  to  be  in  most  present  danger,  therefore, 
mounted,    tliis  Court  doe  recommend  to  them,  that  for  their  owne 
security  they  doe  take  course  for  the  mounting  of  their 
great  guns  that  soe  what  charge  they  have  already  beene 
at  be  not  lost. 

Furthermore,  it  is  by  this  Court  recommended  to  the 
Tro„i>e  of  Island,  that  each  towne  may  doe  well  to  begin  to  troope 
with  what  horse  they  can  conveniently  fitt  out. 

It  is  ordered  by  this  present  Assembly,  that  whosoever 
lice  that    shall  attempt  to  voate  for  the  election  of  Governor,  Depu- 

voates  for 

&cvcno?ra  tye  Governor,  or  any  other  magistrate  or  other  officers, 
rotS***!.*0  that  are  to  be  chosen  upon  the  day  of  election,  not  being 
a  freeman  of  this  Collony,  he  shall  forfitt  five  pownds,  or 
be  otherwise  fined  or  punished,  as  the  Generall  Assembly 
shall  see  meet. 

None  to  be  Voated,  that  noe  person  shall  be  admitted  into  the  free- 
admitted  . 

onthTSay  ^om  °f  this  Corporation  upon  the  day  of  Election. 

of  Election.     Voated,  that  the  Committee  formerly  chosen  at  the  As- 

The  com-  sembly  held  in  September  last,  and  confirmed  at  the  As- 

mittee  re-  * 

vivcd-  sembly  held  in  October  last,  the  authority  then  committed 
to  them  is  now  revived  and  continued,  and  they  are  here- 
by required  with  all  possible  speed  to  accomplish  what 
was  then  committed  to  their  trust. 

Voated,  that  the  towne  of  Newport  shall  have  six  men 

Town       added  to  the  magistrates  in  their  towne  to  be  their  Towne 

Councill  of  ° 

Newport.  Councill. 

Voated,  that  the  commission  given  to  Mr.  John  Clarke 


AND  PROVIDENCE  PLANTATIONS. 


191 


by  the  last  Generall  Assembly,  for  the  regulating  the  1GG7. 
lawes  and  setting  them  in  a  forme,  is  now  continewecl.  v-*-v~*» 
Voated,  that  whereas  there  are  severall  petitions  pre- Petitio»8 

*  L  A  returned. 

sented  to  this  Court,  the  Court  order  that  they  are  referred 
to  the  next  Generall  Assembly. 

Ordered,  tha't  the  Clarke  of  this  Assembly  shall  have 
twelve  shillings,  six  pence,  from  each  towne  for  copies  of 
this  Court  orders,  with  the  Seale  of  the  Collony  affixed, 
and  for  his  attendance  six  daies  at  this  Court. 

"Whereas,  the  Assembly  have  ordered  that  Mr.  "William 
Harris  shall  have  his  ingagement  tendered"  him,  notwith- 
standing he  stands  charged  for  exceeding  his  commission, 
&c.  Wee,  whose  names  are  underwritten,  doe  humbly 
conceive  that  such  a  charge  makes  a  select  magistrate  vnca- 
pable  to  take  the  ingagement  untill  he  be  cleered  of  the 
charge.  And  therefore  doe  enter  our  protest  against  the 
sayd  act. 


Acts,  Orders  and  Proceedings  of  the  Governor  and  Councill 
of  His  Majestys  Collony  of  Rhode  Island  and  Providence 
Plantations,  held  at  Newport,  May,  1G67.* 

"William  Brenton,  Esq.,  Governor. 

Mr.  Nicholas  Easton,  Deputy  Governor. 


ASSISTANTS. 


Mr.  Peleg  Sanford, 
Mr.  "William  Reape, 
Mr.  John  Eastone,  ' 
Mr.  "William  Carpenter, 
Mr.  "William  Harris, 


Mr.  "William  Baulstone, 
Mr.  Samuell  Willbore, 
Mr.  John  Green, 
Mr.  Benjamin  Smith. 


*  In  the  intervals  between  the  sessions  of  the  General  Assembly,  the  Gov- 
ernor and  Council  (which  embraced  the  Governor,  Deputy  Governor  and  As- 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

Mr.  William  Dyrc  is  chosen  Secretary. 
It  is  ordered,  that  the  Scale  that  Mr.  John  Clarke 
Bcaic.      brought  out  of  England,  shall  bee  the  scale  of  the  Coun- 
ci  11,  and  that  itt  bee  kept  in  the  custody  of  the  Secretary 
from  time  to  time. 

It  is  ordered,  that  the  Secretary  shall  procure  a  book, 
Book"d      where  the  acts  of  the  Councill,  both  generall  and  particu- 
lar shall  be  recorded. 

Whereas,  information  is  given  to  the  Councill  of  emi- 
&v"!km0.r  nent  dangers  approaching,  whereby  his  Majesties  Collony  is 
like  to  be  hazarded  by  the  invasion  of  the  common  enemy, 
or  by  treachery  from  amongst  the  natives,  whereby  his 
Majesties  subjects  may  be  exposed  to  great  extremities  ; 
the  Councill  hath  thought  fitt,  and  therefore  doe  order, 
that  if  any  appearance  of  danger  in  any  of  these  respects 
shall  appear  to  the  Magistrates  of  any  towne  respectively  ; 
that  any  magistrate,  one  or  more,  is  hereby  empowered  to 
give  notice  vnto  the  rest  of  the  magistrates  of  the  townes 
and  places  within  this  Collony,  and  to  that  end  are  by 
these  presents  empowered  to  press  or  cause  to  be  impress- 
ed, any  person  or  persons,  horse  or  mare,  boate  or  boates, 
or  any  other  vessell  or  vessells  whatever  for  the  said  ser- 
vice ;  and  that  the  charges  thereof  shall  bee  paid  by  the 
Generall  Treasurer  by  a  note  under  the  hand  or  hands  of 
such  who  gave. forth  the  said  order  or  orders  as  to  the  ser- 
vice premised,  and  that  such  note  or  bill  so  charged  to  the 
Treasurer,  shall  be  good, 
invasion.       And  it  is  further  ordered,  that  if  any  suddain  invasion 


sistants)  held  frequent  meetings,  particularly  during  periods  when  the  Collony 
was  in  danger  from  foreign  invasion  as  well  as  from  attacks  of  the  Indians. 
England  was  at  this  time  at  war  with  the  French  as  well  as  the  Dutch ;  and 
the  struggle  with  the  Indians,  known  as  King  Philip's  war,  was  about  to 
commence.  A  separate  record  was  kept  of  the  proceedings  of  this  body,  from 
which  this  is  now  printed.  It  is  entitled  "  The  Booke  of  Records,  containing 
the  Acts  and  Orders  made  by  the  Governor  and  Oouncill,  both  generall  and 
particular,  since  the  (first  of  May,  1667."  The  date  of  the  first  meeting  is  not 
given.    The  second  is  dated  the  10th  of  May. 


AND  PROVIDENCE  PLANTATIONS. 

•» 

or  insurrection  shall  bee,  or  that  appearance  of  any  such  106 
thing  shall  present  from  the  Magistrate  or  Magistrates  of 
any  of  the  respective  townes  or  places  of  this  Collony„ 
that  then  itt  is,  or  shall  be  in  the  power  of  said  Magistrate 
or  Magistrates,  to  raise,  appoint  and  authorize  any  or  all 
persons  requisitt  for  the  preservation  of  his  Majestyes  Col- 
lony  and  his  subjects  therein,  to  attend  their  allegiance 
and  duty.  And  itt  is  further  ordered,  that  ths  said  Mag- 
istrate or  Magistrates  hath  full  power  to-  commissionate 
any  person  or  persons  within  their  towne  for  assistance;, 
either  in  Councill  or  [not]  as  they  shall  judge  meet,  pro- 
vided that  the  said  particulars  off  Magistrate  or  Magis- 
trates and  their  assistants  in  this  case  considered,  bee 
allwayes,  and  att  all  times  responsible  to  the  Generall 
Councill ;  and  this  order  to  stand  till  furder  order  bee 
taken  therein. 

It  is  ordered,  that  Thomas  Willmott,  of  Secunk,  hath  Indians 

armed- 
informed  the  Councill  now  sitting,  of  such  deportments  of 

the  Indians,  especially  of  Philip,  which  giveth  great  occa- 
sion of  suspicion  of  them  and  their  treacherous  designes. 
It  is  therefore  ordered,  that  the  Indians  residing  upon  the 
Island  shall  bee  forthwith  disarmed  of  all  sorts  of  armes, 
and  that  the  Captain  and  militarie  officers  meeting  with 
any  Indian  armed,  they  are  authorized  to  seize  the  armes, 
and  by  authority  from  the  magistracio  of  eyther  towne, 
the  Constables  or  their  deputies,  are  to  search  and  seize 
any  armes  to  them  belonging  ;  and  the  said  armes  wher- 
ever so  seyzed,  to  bee  delivered  to  the  Governor  or  some 
Magistrate,  that  so  they  may  bee  safely  kept,  and  at  his 
or  their  discretion  to  bee  restored.  It  is  also  left  to  the 
Magistrates  of  Providence  and  Warwick  to  do  as  they 
shall  think  meet,  as -referring  to  disarming  the  Indians 
among  them.  And  it  is  ordered,  that  iff  in  Rhode  Island, 
or  in  any  other  townes,  any  Indian  shall  be  taken  walking 
in  the  night  time,  he  shall  be  seized  by  the  watch*  and 
kept  in  custody  till  morning,  and  brought  before  some 
magistrate,  which  said  magistrate  shall  deale  with  him  ac- 
vol.  ii.  25 


194 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G7.  cording  to  his  discretion,  and  the  demcrrit  of  the  said  per- 
v-"~v~"*"'' son  so  offending. 

May  10       ^  At  the  sitting  of  the  Councill,  May  10th,  1667. 

Whereas,  information  is  given  to  the  Councill  of  emi- 
.u-'p!iRrt  the  nent  danger  concerning  some  treacherous  designs  of  the 

island.  . 

Indians,  whereby  (if  it  should  take  place)  the  King  may 
lose  his  interest,  and  his  good  subjects  their  lives,  whereof 
the  CouncilL  is  very  sensible.  Bee  itt  therefore  enacted 
by  the  authority  of  the  pi'Qsent  Councill,  that  if  any  In- 
dian men  or  boys  (exceeding  the  yearcs  of  sixteen)  bee 
found  on  this  Island  after  proclamation  hereof,-  itt  shall  be 
lawfull  for  any  person  or  persons  to  apprehend  them;  and 
bring  them  before  some  of  the  Magistrates  in  this  Island, 
then  and  there  to  be  dealt  with  as  malefactors,  unless  such 
as  have  a  licence  from  vnder  the  hand  of  the  Governor  or 
Deputie  Governour,  or  the  hands  of  two  Assistants  in 
this  Island.  And  this  act  to  stand  in  force  vntill  the 
Councill  shall  see  cause  to  repeale  itt. 

ffarthermore,  the  Councill  being  very  sensible  by  sever- 
all  informations  from  other  parts  of  the  country,  that  there 
have  lately  been  severall  conspiracies  and  plots  by  the  In- 
dians against  the  English  in  these  parts,  and  having  just 
cause  to  suspect  that  wee  may  bee  suddenly  assaulted  by 
the  Dutch  and  French,  his  Majesties  professed  enemies  ; 
and  itt  lying  much  on  our  hearts  to  defend  the  King's  in- 
terest, and  the  preservation  and  liberties  of  his  Majesties 
good  subjects  here  residing  ;  his  Majesty  being  gratiously 
pleased  in  his  last  Royall  graunt  to  committ  the  care  of 
the  government  of  the  Collony  (in  the  Generall  Assem- 
bly's absence)  unto  the  Councill,  vpon  due  consideration 
whereof,  doe  find  itt  needfull  that  the  inhabitants  of  the 
place  should  hould  together  with  an  vnanimous  consent 
and  full  resolution  to  secure  each  other. 

Bee  it  therefore  enacted  by  the  authoritie  of  this  pres- 
Engishnot  ent  Councill,  that  no  man  or  boy  exceeding  the  yeares  of 

to  eave  the  *  0  ^  ' 

island.      sixteen,  shall  at  any  time  pass  from  off  this  Island  vpon 
the  penaltie  of  contempt,  without  a  licence  from  under 


AND  PROVIDENCE  PLANTATION'S. 


the  hand  of  the  Governor  or  Deputie  Governor,  or  under  166 
the  hands  of  two  Assistants  in  this  Island.    Bee  itt  there- 
fore  ordered  further,  by  the  authority  abovesaid,  that  pro- 
clamation hereof  be  made,  and  to  stand  in  full  force  vntill 
the  Councill  find  cause  to  repeale  itt. 

And  whereas  itt  is  too  vsuall  a  custom  for  persons  when*«>?° 

1  board  \ 

they  espie  any  shipp  or  vessells  near  approaching  as  to 8els- 
anchor  on  or  about  the  Island,  presently  to  pass  aboard 
her,  which  act  may  be  very  inconvenient  in  divers  respects, 
both  to  his  Majesties  interests,  and  the  great  hazard  of  the 
people  here  inhabiting.  The  Councill  takeing  it  into  se- 
rious consideration,  have  thought  fitt  and  by  these  pres- 
ents do  enact,  that  no  person  or  persons,  that  shall  bee 
vpon  the  Island  or  Islands  neare  to  thai  Island  shall  pre- 
sume by  any  way  or  meanes  to  goe  or  pass  aboard  to  any 
shipp  or  vessell,  vntill  the  master  of  the  said  shipp  or  ves? 
sell  hath  presented  himself  before  the  head  officer  of  the 
towne,  vnder  the  penaltie  of  contempt,  without  speciall 
licence  from  the  Governor  or  Deputie  Governor,  or  two 
Assistants  :  and  this  act  to  stand  till  farther  order  bee 
taken  thereon  or  repealed. 

Given  vnder  our  hands  the  yeare  and  day  abovesaid. 

WILLIAM  BREXTOX,  Governor. 

NICHOLAS  EASTON,  Deputy  Governor. 

ASSISTANTS. 

PELEG  SANFORD,       SAM'L  WILLBORE, 
WILLIAM  RE  APE,       WILLIAM  HARRIS, 
WM.  BAULSTONE,       JOHN  GREEN. 
May  the  10th,  16G7. 

By  the  Governor  and  Councill  att  Newport,  the  13th  and 
Uth  of  May,,  1667. 

Orders  given  forth  to  the  Constables  to  make  search  for 
gunns  and  amunition.  Vpon  their  return  it  was  order- 
ed, that  in  his  Majesties  name  all  those  that  had  pow- 
der, lead  and  shott,  should  have  it  forth  coming  upon 
all  demands. 


190  RECOR1  S  OP  TH i:  COLONY  OF  RHODE  ISLAND, 

1667.  Whereas,  the  Governor  and  CouociH  of  the  towne  of 
Newport  being  mett  the  29lh  of  the  first  month,  10G7,  to 
lake  care  that  the  place  with  respect  to  the  serving  of  the 
King's  interest  and  on  re  owne  might  bee  putt  in  a  suita- 
ble posture  of  deflfence  against  a  common  adversary,  as  al- 
so that  other  defects  which  might  prove  hazzardous  to  the 
same  might  be  forthwith  supplyed,  but  could  not  at  that 
time  come  to  such  mature  results  therein,  as  a  matter  of 
such  concernment  doth  require,  the  said  Governor  and 
Councill  being  mett  this  28th  of  the  3d  month,  1GG7,  to 
resume  the  former  debate,  after  serious  consideration  nn,d 
advice,  have  resulted  and  concluded  as  followeth  : 

1.  ffirst,  that  our  Honoured  Gouernour  and  Deputie 
Ra^.  Gouernour  be  desired  to  make  enquiry  where  the  obstruc- 
tion lies  that  the  former  rate,  made  for  the  paying  for  our 
Charter  as  it  relates  to  the  towne  of  Newport,  is  not  yett 
levied,  and  to  hasten  the  levying  and  taking  thereof,  itt 
lying  as  a  block  in  our  way  to  our  further  proceedings. 

2.  That  Lieut.  Joseph  Torrey,  and  Ensigne  John  Bliss 
Amunition.  Constable  Carr,  and  the  Clarke  of  the  band  be  required  forth- 
with to  goe  from  house  to  house  throughout  the  towne  of 
Newport,  the  villages  and  precincts  thereof,  and  to  take  a 
precise  and  exact  account  of  all  the  armes,  amunition  and 
weapons  of  warr  each  person  is  furnished  with,  or  hath  in 
his  house  to  spare  to  others,  and  in  what  condition  with 
regard  to  service  the  same  is  in  :  and  itt  to  returne  unto 
the  Gouernor.  And  also  to  call  vpon  such  as  have  de- 
flects, that  they  may  be  supplyed  in  the  place  forthwith, 
under  the  penaltie  the  law  hath  provided,  to  repaire  to 
such  persons  as  may  supply  them. 

3.  That  the  Honoured  Gouernour  bee  desired  to  give 
Repair     forth  his  warrant  to  Cafft.  Rich.  Morrise,  Geo.  Halsey, 

arms.  »  " 

John  Audly,  Emanuell  Wooly,  Henry  Stevens,  Gabriell 
Hick,  and  others  that  are  skilled  therein,  to  charge  them 
vnder  the  penaltie  the  law  hath  provided,  to  sett  against 
^11  excuses,  and  forthwith  require  all  such  armes,  and 


AND  PROVIDENCE  PLANTATIONS. 


J  97 


utensills  of  warr  belonging  to  the  inhabitants  of  the  towne  1667. 
of  Newport,  as  shall  be  brought  to  them  by  order  from  the 
Captain  ov  Lieutenant  of  the  Traine  band  of  the  said 
towne.  * 

4.  That  the  deputy  Governor,  Mr.  Wm.  Jeoffrey,  Prison  and 

1       J  *     pound  ftinl 

Mr.  Edw.  Smith,  Mr.  Jo:  Coggeshall,  Mr.  Pet:  Easton,s"»^. 
John  Gould,  Dan:  Gould,  Jos:  Clarke  and  Lft.  Joseph  Tor- 
rey,  being  the  Committee  appointed  by  the  towne  to  make 
a  rate  for  the  levying  of  one  hundred  and  fiftie  pounds 
for  the  deffence  of  the  place  against  a  common  enemy,  as 
also  for  the  supplying  of  other  deffects  in  the  towne  relat- 
ing to  the  prison,  pound  and  stocks,  as  also  to  the 
mounting  of  the  great  guns,  &c,  be  desired,  and  also  re- 
quired; with  all  expedition,  to  perfect  and  compleat  the 
same,  in  order  to  prevent  such  fines  and  forfeitures  ;  and 
also  such  mischiefs  and  miseries  as  may  happen  for  the 
want  of  the  same  ;  and  it  being  compleated,  to  present  it 
forthwith  to  our  Honored  Gouernour. 

5.  That  the  aforesaid  rate  being  thus  compleated,  andRatfl- 
brought  into  the  Goueruor,  he  be  desired  forthwith  to 
give  forth  his  warrant  to  the  Serjant,  strictly  requiring  him 
with  all  possible  speed  that  may  be,  by  virtue  thereof,  to 
ask,  demand,  and  in  case  of  refusall,  by  distraint  to  levie, 
and  take  every  such  sum  or  sums  as  he  shall  find,  exprest 

in  the  said  rate,  and  itt  or  them  forthwith  to  return  into 
the  towne  treasury,  that  it  may  be  in  a  readiness  to  im- 
proue  for  the  vse  abouesaid. 

6.  That  Capt.  Jo:  Cranston,  Lft.  Joseph  Torrey,  and^1^6*' 
Mr.  John  Clarke,  be  required  with  all  possible  speed  that 

may  bee,  to  mount  the  great  guns  vpon  such  carriages,  as 
whereby  they  may  be  easily  conueyed  from  place  to  place 
for  the  better  improuing  of  the  same  for  the  security  and 
defence  of  the  place,  and  the  people  therein. 

To  the  sixth  particular  the  Deputye  Governor  sayth  he 
cannot  consent  as  to  command. 

7.  That  Mr.  Wm.  Coddington,  Mr.  Rich.  Tew,  Mr.  P"30n. 
Wm.  Reap,  Wm.  Dyre,  Mr.  Jo:  Coggeshall,  Mr.  Peter 


1  98 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  Easton,  and  Serjant  Rogers  or  any  fourc  of  them,  bee  im- 
powered  and  also  required  to  see  that  the  defects  relating 
to  the  prisone  and  pound  bee  forthwith  supplycd. 

8.  That  whereas  Mr.  Peleg  Sanford,  Mr.  Wm.  Reap, 
Auditt.  -^ym  Dyre>  and  Lft.  Torrey  were  comuiissionated  by  the 
townc  to  auditt  the  accounts  concerning  the  rates  that 
have  been  made  in  the  towne  of  Newport  concerning  the 
monyes  that  was  to  be  paid  for  the  procuring  the  Charter, 
it  is  ordered  by  this  Councill,  that  there  be  a  speedy  re- 
turne  made  to  the  Councill  of  whatt  is  done  concerning 
the  premises. 

Signed  by  W.  BRENTON,  Gouernour. 

N.  EASTON,  Deputy  Gouernor. 
PELEG  SANFORD, 
WM.  REAPE, 
JOHN  CLARKE. 
Attest,       W.  DYRE,  Secretary. 

May  the  2\st,  1667. 
Att  a  meeting  of  the  Councill,  it  is  ordered,  that  a  let- 
Treaty,  ter  bee  sent  to  the  Commissioners  of  Plymouth,  off  thank  - 
ffull  acknowledgment  for  their  ciuility  in  writting  to  vs, 
concerning  their  proceedings  with  Philip  and  his  men 
with  respecte  to  the  rumors  of  their  conspiracies  ;  and  it 
is  further  ordered,  that  one  of  each  towne  off  the  Collony 
bee  chosen  to  treat  with  Mosup,  Nennecraft  and  Cothanne- 
quant,  concerning  the  rumors  aforesaid  :  and  the  parties 
chosen  are,  for  Newport,  Mr.  Peleg  Sanford  ;  for  Provi- 
dence, Mr.  Wm.  Harris  ;  for  Portsmouth,  Mr.  Wm.  Baul- 
ston  ;  and  for  Warwick,  Mr.  John  Green  ;  and  these,  or 
the  major  part  of  them,  are  fully  impowered  to  appoint  the 
place  of  treaty,  and  time  or  times  thereof,  and  to  appoint 
interpreters,  and  to  make  returne  thereof  with  all  conuen- 
ient  speed  to  the  Generall  Councill,  and  the  charges  of 
the  said  treaty  to  bee  paid  out  of  the  treasury ;  but  in 
case  the  said  Sachims  shall  refuse  to  meet  and  treat,  then 


AND  PROVIDENCE  PLANTATIONS. 


199 


the  Commissioners  are  to  protest  in  his  Majesties  name  16G7. 
against  the  said  Sachims.  s^»-v-^ 


Loving  freinds,  and  Hon'ble  neighbors :  The  Gonernor 
and  Conncill  having  mett  this  21st  of  May,  have  thought 
fitt  and  necessary  to  acquaint  you  that  they  haue  commis- 
sionated  fowre  of  themselues  to  treat  with  you  concerning 
the  reports  of  the  conspiracies  of  the  Indians  against  the 
English,,  that  so  if  itt  may  bee,  they  may  be  better  in- 
formed of  the  truth  and  extent  thereof;  and  for  that  end 
and  purpose  desire  and  require  you  in  his  Majesties 
name,  to  give  them  a  meeting  at  Warwick  on  Tewsday 
next,  which  will  bee  the  28th  of  this  instant,  where  ac- 
cordingly you  may  expect  to  meet  with  them.  So  we 
bike  leaue,  and  remaine  your  freinds. 

By  the  appointment  of  that  Councill. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  2d  of  July,  1667. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Easton,  Deputy  Governor. 


A  copie  of  the  Letter  sent  to  the  Sachi?ns. 


W.  DYRE,  Secretary. 


ASSISTANTS. 


Mr.  Peleg  Sanford, 
Mr.  William  Reape, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  William  Harris, 


Capt.  Arthur  Fenner, 
Mr.  William  Baulston 
Mr.  Samuell  Wilbur, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1067.  DEi* 
Newport. 
Mr.  John  Coggeshall, 
Mr.  Waller  Clarke, 
Mr.  William  Case, 
Mr.  John  Clarke, 
Mr.  John  Cowdall, 
Mr.  Edward  Thurston, 

Providence. 
Mr.  John  Throckmorton, 
Mr.  Antho.  Evernden, 
Mr.  Thomas  Hopkins, 


IES. 

Mr.  Shadrach  Manton, 

Portsmouth. 
Mr.  John  Card, 
Mr.  Philip  Shearman, 
Mr.  Edward  Lay; 
Mr.  John  Tripp, 
Warwick. 
Mr.  John  Weeks, 
Mr.  Richard  Carder, 
Mr.  James  Greene, 
Mr.  Edmund  Calverly. 


Mr.  William  Brenton,  Governor,  chosen  Moderator  of 
the  Assembly. 

John  Sanford  chosen  Clarke  of  the  Assembly. 
Whereas,  there  are  eight  persons  presented  as  Deputies 
Mntmenti  fr°m  the  towne  of  Providence,  under  the  hands  of  two 
from r'rovi-  persons  subscribing  themselves  Towne  Clerke  of  the  sayd 
towne,  it  is  ordered,  that  the  first  work  of  this  Assembly 
shall  be  to  judge  which  fower  of  the  sayd  eight  are  legally 
presented,  in  order  to  the  filling  up  the  Assembly. 

Ordered,  that  what  warrants  may  concerne  the  clcering 
Providence.  t,ne  jue  procedings  of  the  choyce  of  either  fower,  may  be 
brought  in  and  presented  to  this  Assembly. 

Voated,  that  the  warrant  sent  forth  to  the  towne  of 
Providence.  Providence,  for  the  calling  this  Assembly,  was  by  the 
Generall  Sargant  sent  forth  legally. 

Voated,  that  the  matter  concerninge  the  Deputies  of 
Providence,  the  towne  of  Providence,  shall  be  agitated  and  debated  in 
this  Assembly  without  referring  it  to  a  Committee. 

Vpon  the  debate  that  hath  beene  in  this  Court,  whether 
nerSwa?""  Mr.  Arthur  Fenner  hath  acted  legally  in  giveing  forth 
caSingthe  warrant  for  calling  the  townesmen  of  Providence  together 

towne  of  .  .  .  .  ,  . 

Providence,  to  choose  their  Deputies  for  this  Assembly  :  it  is  voated 

if  judged  au-  1  *  ' 

thentick.    anj  Concluded,  that  the  sayd  Mr.  Fenner  did  act  legally 
in  giveing  forth  the  sayd  warrant. 


■i 


AND  PROVIDENCE  PLANTATIONS.  201 

"Whereas,  Mr.  Arthur  Fenner,  Assistant,  hath  received  1067. 
and  administered  the  ingagement  of  allegiance  to  his  Mai- 

00  ^  „  About 

estie,  from  severall  inhabitants  of  the  towne  of  Provi-  Providence, 
dence,  as  by  a  list  under  bis  hand  here  declared  in  this 
present  Assembly,  pertickularly  apeers.    This  Court  upon 
the  adjitation  and  consideration  thereof,  doe  voate  and  de- 
clare, that  the  sayd  Mr.  Fenner's  act  therein  is  a  legall  act. 

The  question  stated  is,  whether  the  Deputies  chosen  by 
virtue  of  Mr.  Arthur  Fenner,  Assistant,  his  warrant,  or 
those  Deputies  chosen  by  Mr.  "William  Harris,  Assistant, 
his  warrant,  shall  be  accepted  off,  to  sitt  and  act  in  this 
Assembly  as  Deputys  for  the  towne  of  Providence. 

Voated,  that  those  persons  chosen  by  the  towne  of 
Providence  as  Deputies  to  sitt  and  act  in  this  Assembly, 
by  virtue  of  the  warrant  issued  forth  to  the  sayd  towne  by 
Mr.  Arthur  Fenner,  Assistant,  are  the  Deputies  to  act  ac- 
cordingly in  this  Court,  if  there  be  noe  just  objection 
against  them. 

Whereas,  Mr.  William  Harris,  of  Providence,  Assist- caPt.  Fen- 
ner and  Mr. 

ant,  by  complaynt  made  to  the  Generall  Aturney,  had  aWmH*rris- 
summons  from  the  Governor  to  Mr.  Arthur  Fenner  of  the 
sayd  Providence,  Assistant,  to,  apeere  at  this  Assembly  to 
answer  to  a  charge  by  the  sayd  Mr.  Hams  against  the 
sayd  Mr.  Fenner,  for  breach  of  his  office  in  acting  in  a 
route,  the  Court  doe  order  that  the  sayd  Mr.  Harris  and 
Mr.  Fenner  be  called  before  this  Court. 

The  sayd  persons  being  called  in  Court,  apeered  and 
answered. 

Mr.  Arthur  Fenner  pleads  and  sayth  in  the  Court  not 
guilty  of  the  charge. 

This  Assembly  haveing  had  long  and  serious  debates  capt.  Fen- 

0  0  ner  cleered., 

and  considerations  of  the  charge  presented  and  layd  by 
Mr.  William  Harris,  Assistant,  against  Mr.  Arthur  Fen- 
ner, Assistant,  for  actinge  in  a  route  ;  the  Court  upon  the 
mature  consideration  of  the  law  of  the  Collony,  and  ex- 
amination of  what  was  presented,  doe  voate  and  declare, 
that  the  sayd  Mr.  Arthur  Fenner  was  not  guilty  of  the 
vol.  11.  26 


L'llL' 


RECORDS  OF  THE  COLONY  Ob'  RHODE  ISLAND, 


1GG7.  charge  layd  against  him  by  the  sayd  Mr.  Harris,  and 
therefore  he  is  hereby  acquitted  of  the  sayd  charge. 

Whereas,  Mr.  John  Throckmorton,  Mr.  Anthony  [Evern- 
^;r™/,,ck-dcn],  Mr.  Thomas  Hopkins,  and  Mr.  Shadrach  Manton  were 
&c, cleared,  fry  ^jr.  William  Harris,  vnder  his  hand,  charged  to  act  with 
Mr.  Arthur  Fenner  in  a  route  ;  and  this  Assembly  haveingc 
inquired  into  and  examined  the  matter,  doe  not  find  them 
by  the  law,  guilty  of  the  sayd  charge,  and  therefore  doe 
jiv.lge  them  cleere  of  the  sayd  charge. 

This  Assembly,  upon  mature  examination  and  consid- 
oiio^Vv  eration,  and  to  prevent  if  possible,  future  troubles  and 
ne^'orde""  contests  in  the  towne  of  Providence,  concerninge  their 

authentick. 

late  choyce  of  towne  officers,  doe  hereby  declare  ;  that 
they  judge  those  officers  chosen  by  that  part  of  the  meet-i 
inge,  whereof  Mr.  Arthur  Fenner  was  Moderator,  the  le- 
gall  towne  officers  in  the  sayd  towne  of  Providence  for 
this  ensueinge  yeare,  till  the  next  election  in  the  sayd 
towne. 

It  is  ordered  by  this  Assembly,  that  for  the  peaceable 
ti0dn  foa/a"  government  of  the  towne  of  Providence,  a  copie  of  a  de- 
Providence.  ciai.;lj-jon      rjrawne  forth  to  be  sent  to  the  towne  of  Provi-. 

dence  and  immediately  sent  forth  under  the  seale  [of  the 
Collony],  and  that  all  other  acts  of  this  Court  be,  with  alt 
possible  speed,  sent  forth  under  the  Seale,  and  that  noe 
copies  be  given  forth  vntill  published  as  aforesayd. 

Fur  the  Towne  of  Providence. 

Gentlemen  :  This  Assembly  haveing  with  much  regrett 
a  letter  to  of  miiule  taken  into  serious  consideration  the  disordered 

Providence. 

condition  they  findc  you  in  ;  being  first  presented  by  the 
presentation  of  eight  Deputies,  the  consideration  whereof 
put  us  forthwith  upon  a  serious  and  diligent  scrutany  to 
finde  out  which  fower  were  the  members  of  this  Court, 
and  for  the  better  efectinge  of  the  matter,  forasmuch  as 
Mr.  William  Harris  did  under  his  hand  affirme  that  the 
Grenerall  Serjants'  vsurped  direction  of  his  warrant,  not 


AND  PROVIDENCE  PLANTATIONS. 


203 


according  to  the  Governour's  warrant  would  make  it  apeere  1667. 
that  those  fower  soe  reported  by  Mr.  Fenner  are  not  law-  Ss*-v*« 
full  Deputyes  ;  therefore,  this  Court  made  inquiry  into 
the  severall  warrants,  and  found  that  the  warrants  were 
legally  issued  forth,  contrary  to  his  assertion,  and  there- 
fore it  evidently  apeered  that  those  Deputies  chosen  by 
vertue  of  Mr.  Arthur  Fenner,  Assistant,  his  warrant, 
namely,  Mr.  John  Throckmorton,  Mr.  Thomas  Hopkins, 
Mr.  Anthony  Evernden  and  Mr.  Shadraeh  Manton  were 
the  true  members  of  this  Assembly  :  but  afterwards  in 
briefe,  wee  found  the  ground  worke  of  the  difference  to 
arise  from  a  misconception  of  the  law  by  Mr.  William 
Carpenter  and  Mr.  William  Harris,  Assistants,  denyinge 
the  freemen  their  liberty  to  voate  in  the  election  of  their 
officers  (as  by  their  owne  information  directed  to  the  Gov- 
ernor, Deputie  Governor  and  Assistants  doth  apeere),  they 
conceiveinge  that  it  had  not  beene  in  the  power  of  the 
sayd  Arthur  Fenner  to  administer  the  ingagement  of  al* 
leagance  :  butt  this  Assembly,  with  great  dilligence  in 
searching  the  laws,  fownd  the  ingagement  of  those  per- 
sons to  be  according  to  law  administered  and  entered  ; 
and  therefore  wee  have  declared  the  sayd  Arthur  Fenner 
and  others  concerned  with  him,  not  guilty  of  a  route. 
And  furthermore,  that  the  Assembly  held  on  the  3d  of  June 
last,  whereof  Mr.  Arthur  Fenner  was  Moderator,  being  the 
major  part  of  the  freemen  lawfully  assembled,  Avee  have 
determined  those  officers  chosen  by  that  Assembly  to  be 
the  lawfnll  towne  officers :  and  therefore  doe  desire  and 
require  in  his  Majesties  name,  that  all  other  officers  on  the 
other  part  chosen,  do  cease  actinge  any  more  as  officers, 
untill  the  next  election.  And  our  hearty  desire  is,  that 
notwithstanding  what  difference  hath  formerly  beene,  a 
neighborly  complyance  may  be  for  the  future,  the  responce 
whereof  will  be  more  acceptable  to  this  Assembly  than  a 
penalty  ;  and  therefore,  in  hopes  of  reapinge  the  fruit 
thereof,  this  Assembly  doth  wholly  remitt  the  matter  to 


204  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND', 

1GG7.  all  therein  concerned,  excepting  such  as  this  present  As- 
Vj**","^,'semblv  shall  shall  declare  against, 

It  is  ordered  by  this  Assembly,  that  record  be  made  of 
orhtci,'i80A8n.d8  that  paper  presented  by  the  Honored  Governor,  as  the 
chiefe  ground  of  this  sessions  subscribed  William  Carpen- 
ter, Assistant,  and  William  Harris,  Assistant ;  and  that 
their  answer  be  likewise  entered,  when  they  were  by  the 
Governer  asked  whether  they  did  aflirine  to  what  was 
therein  written  upon  ingagement,  whercunto  one  of  them 
refused  to  give  a  positive  answer. 

Whereas,  Mr.  Houldon  presented  a  bill  signed  by  Wil- 
Mr.  Houi-  Ham  Baulston,  Mr.  William  Harris,  and  Mr.  John  Greene, 

don's  bill  '  *  7 

owned.  Assistants,  wherein  they  have  allowed  him  thirty  shil- 
lings, this  doe  order  it  shall  be  payed  out  of  the  Generall 
Treasury. 

Whereas,  Capt.  Richard  Morris  presented  a  petition  to 
ti1ca°ptcred  this  Court,  of  the  great  charges  he  hath  been  at  in  house 
Mom's.     roome  and  Droviding  of  fyre  and  candles  for  the  Generall 
Courts  for  many  years  past,  and  findinge  that  for  about 
the  fower  or  five  years  he  hath  had  noe  satisfaction  (being 
to  end  of  the  present  Court),  doe  order  that  he  shall  have 
tenn  pownds  payd  him  out  oi  the  Generall  Treasury. 
Whereas,  Robert  Colwell  putt  in  a  petition  to  the  last 
weiedi-Co1"  May  Court,  for  a  freedom  from  his  wife  Margrett,  and 
his  wife     now  agraine  to  this  Court  haveinge  renewed  his  petition  : 

Margrett.  °  °  . 

vpon  searious  debate  vpon  the  matter,  the  Court  findinge, 
both  by  witnesses,  and  circumstances  plainly  inakeing  it 
apeere  to  them,  that  there  is  sufficient  grounds  to  give 
the  sayd  Colwell  a  discharge  from  his  sayd  wife  ;  there- 
fore, be  it  enacted  by  this  present  Court,  that  the  sayd 
Robert  Colwell  is  absolutely  freed  from  his  late  wife  Mar- 
grett White*  and  he  is  at  liberty  to  contract  another 
marriage.- 

W7hereas  James  Rogers,  Generall  Serjant,  was  charged 
wm.  Harris  by  Mr.  William  Harris,  Assistant,  for  transgressing  in  the 
^i"^^' neglect  of  his  office,  and  summoned  to  answer  at  this 
Court. 


AND  PROVIDENCE  PLANTATIONS. 


206 


The  sayd  persons  being  in  Court  called,  apcered  and  1667. 
answered.  ^^<m^ 

The  sayd  James  Rogers  answer  is,  he  is  not  guilty  of 
the  sayd  charge. 

Whereas,  James  Rogers,  Generall  Serjant,  hath  beenf^™' 
charged  by  William  Harris,  Assistant,  for  neglect  of  his clejrcd' 
office  in  not  serveing  an  execution  at  Mashantatutt,  the 
Assembly  haveing  duly  scanned  the  matter,  doe  finde  him 
not  guilty  of  the  charge.  1st.  Because  it  was  stopt  by 
the  said  William  Harris's  consent.  Secondly,  because  the 
sayd  Harris  did  put  a  petition  in'  May  last  to  the  Assem- 
bly concerninge  the  sayd  execution,  which  was  referred 
to  the  next  Assembly  followinge. 

Voated,  that  Mr.  John  Throckmorton  and  Mr.  Roger Thecom- 

'  °      mitee  con- 

WilHamS,  of  the  towne  of  Providence  are,  as  in  respect  to |C0e™deb£!" 
that  towne,  added  to  the  Committee  for  the  payment  of 
the  Collony's  debts  in  England,  to  act  with  full  power  ac- 
cording to  their  commissions  with  the  sayd  Committee. 

Voated,  forasmuch  as  we  are  at  present  very  much  who  to 

•  i'  manage  af- 

alarmed  by  the  common  enemy  as  11  he  were  even  at  ourfa'esin 

J  J  these  trou- 

doors,  to  the  end  wee  may  improve  the  power  committed  ^°me 
unto  us  by  his  Majestie  in  order  to  preserve  his  Majesties 
interest  in  these  parts,  together  with  our  owne  in  the  best 
way,  and  by  the  best  meanes  we  are  able  ;  be  it  therefore 
further  enacted  by  this  present  Assembly,  and  by  the  au- 
thority thereof,  that  during  these  constant  alarms,  the 
towne  Councill  of  each  respective  towne,  sci,  of  Newport, 
Providence,  Portsmouth  and  Warwick,  together  with  the 
Captain  and  Lieutenant  of  each  Traine  Band,  relatinge  to 
the  respective  townes,  shall  have,  and  are  hereby  declared 
to  have  as  full  power,  with  respect  to  the  ordering  of  the 
militia  in  the  sayd  respective  townes,  and  to  the  putting 
of  themselves  into  a  suitable  posture  of  defence,  and  to 
the  doeing  of  all  things  in  order  thereto,  in  all  respects  as 
by  the  authority  of  our  Charter  we  may  or  can  invest 
them  with.  And  forasmuch  as  the  aime  of  our  adversary 
will  in  all  probability  be  at  the  Island,  which  if  taken  and 


RKCORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  posscst  by  them  (which  Clod  forbid),  would  prove  ex- 
trcinely  hazardous,  if  not  utterly  ruinous,  not  only  to  this 
Collony,  but  to  the  whole  country.  It  is  further  enacted 
by  this  present  Assembly  and  also  hereby  declared,  that 
it  shall  be  in  the  power  of  the  Honored  Governor  and 

*Mtfra  Councills  of  the  Island,  to  raise  a  troope  of  and  horse  to 
see  that  they  be  all  compleatly  furnished  and  fitt  for  service 
upon  all  occasions  and  upon  all  expeditions  :  and  that  the 
sayd  Governor  and  the  sayd  Councill  and  the  major  part 
thereof,  shall  have  power,  upon  all  occasions,  with  respect 
to  the  safety  and  preservation  of  the  sayd  Island,  and  in 
order  thereto,  at  their  discression  to  seize  and  press  the 
rest  of  the  horses  upon  the  place,  and  to  imploy  them  for 
the  service  of  his  Majestie  and  the  safety  of  the  place  as 
they  shall  think  fitt :  and  also  to  press  and  order  for  the 
best  behoofe  and  safety  of  the  place,  all  the  vessells  great 
and  small,  that  shall  be  found  at  such  time  of  eminent 
danger  within  the  bay,  either  on  the  east,  west  or  north 
side  of  the  said  Island.  And  that  the  sayd  Governor  and 
Councill  be  hereby  impowered  to  make  use  of  the  Collo- 
nys  name  for  the  procureinge  of  powder,  lead  and  all 
other  instruments,  and  vtensills  of  warr  for  the  defence  of 
the  place  from  the  Massachusetts  Collony,  or  elsewdiere, 
in  order  to  furnish  a  publick  magazine  or  store  house  upon 
the  Island,  from  whence,  if  need  be,  the  whole  Collony 
may  also  have  supplies.  And  if  they  see  cause  to  send 
a  messenger  or  two  unto  the  neighbour  Collonys  with  in- 
structions to  treat  with  them  in  this  time  of  eminent  dan- 
ger (wherein  the  interest  of  his  Majestie,  together  with 
theirs  and  ours  is  extremely  hazarded,  by  the  conjunction 
of  princes  and  states  throughout  the  whole  country),  in  or- 
der to  procure  a  friendly  correspondancy  between  them  and 
us  as  farr  as  wee  may  for  the  safety  of  the  whole.  And 
they  are  by  virtue  hereof,  authorized  to  give  order  for  the 
payment  hereof  out  of  the  publick  Treasury. 

And  it  is  further  hereby  declared  by  this  present  As- 
sembly and  by  the  authority  thereof,  that  it  shall  be  in  the 


AND  PROVIDENCE  PLANTATIONS. 


207 


power  of  the  Governor,  raid  the  sayd  Councill,  upon  the  1667. 
appearance  of  eminent  danger  upon  the  coast  or  other- 

11  A  beacon  or- 

wise,  by  reason  of  the  approach  of  a  common  enemy,  to  *^0^°jji 
give  forth  an  alarm  to  this  Collony,  and  to  the  whole  and™."-5' 
country,  by  causing  the  beacon  upon  Wanomitonimo  HiHpaces' 
to  be  fired,  which  shall  be  the  directory  to  the  rest  of  the 
beacons  to  be  forthwith  fired  throughout  the  whole  Collo- 
ny :  and  it  is  hereby  further  declared,  that  it  shall  be  in 
the  power  of  the  Governor  and  the  sayd  Councill  to  give 
order  for  the  erectinge  of  beacons  in  the  most  convenient 
places  upon  the  coast  from  east  to  west  throughout  the 
whole  Collony,  and  pertickularly  one  upon  the  rocks  at  Sa- 
chuest ;  another  in  some  convenient  place  at  Pettacoin- 
scutt,  that  may  give  intelligence  to  Watch  Hill ;  also,  an-: 
other  upon  the  Mill  Hill  at  Portsmouth,  and  another  upon 
Moshawsitt  Hill  at  Providence  ;  and  such  other  as  they 
shall  think  fit.  And  it  is  further  ordered  by  this  present 
Assembly,  that  it  shall  be  in  the  power  of  the  Governor 
and  of  the  sayd  Councill,  to  take  care  for  the  putting  of 
Pettacomscutt,  Miscomoqutt  and  the  southern  part  of  that 
tract  of  land  called  the  King's  province,  into  the  best  pos- 
ture of  defence  they  are  able,  for  the  preservation  of  his 
Majesties  interest  there.  Also  the  Islands  called  Block 
Island,  Quonoqutt  Island,  Hog  Island,  and  the  rest  of  the 
islands  in  the  Narragansett  Bay  ;  and  upon  the  coast 
aforesayd,  for  the  preservation  of  his  Majesties  interest 
there.  Also,  it  is  hereby  declared,  that  it  shall  be  in  'the 
power  of  the  Magistrates  and  Councills  of  the  townes 
of  Providence  and  Warwick  and  the  major  part  thereof,  to 
take  care  for  the  putting  of  Acquednessett  and  the  northern 
part  of  that  tract  of  land  called  the  King's  Province,  into 
the  best  posture  of  defence  they  are  able  for  the  preserva- 
tion of  his  Majesties  interest  there.  And  it  is  further  or- 
dered, and  hereby  declared,  that  it  shall  be  in  the  power 
of  the  Governor  and  said  Councill,  and  major  part  there- 
of, from  time  to  time,  to  nominate,  constitute  and  apoynt 
such  other  officers,  and  commanders  for  speciall  service. 


208 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  and  also  to  commission  them  as  they  Shall  think  fitt.  Also 
•~~^<~**s  f0  dispose  of  arl  the  military  forces  and  great  artillery  as 
they  shall  jftdge  from  time  to  time,  to  be  for  the  best  be- 
hoofe  for  the  safety  of  the  place  :  and  to  doe  all  other  need- 
full  thing  or  things  relatinge  to  the  premises,  with  as  full 
power  as  this  Assembly  may,  or  can  invest  them  with  ; 
and  this  to  continew  vntill  the  sitting  of  the  next  Gencrall 
Assembly  in  October,  and  noe  longer. 

Voated,  that  whereas  Mr.  William  Harris,  Assistant, 
Arthur  hath  111  this  present  Assembly  been  charged- by  Mr.  Arthur 
eiwtdot   Fenner,  Assistant,  of  being  guilty  of  makeing  a  route  in  the 

W.  Harris  /•    -r-»         •  i  I  oil  f*  T 

barges.  towne  -of  Providence,  on  the  od  day  ol  June  last,  to 
which  charge  Mr.  Arthur  Fenner  pleaded  not  guilty  ;  and 
upon  the  Assemblys  looking  into  the  law  in  that  case  pro- 
vided, they  found  the  sayd  charge  to  be  false  and  untrue, 
and  therefore  have  voated  the  sayd  Mr.  Arthur  Fenner, 
Assistant,  is  cleered  from  the  charge  aforesayd  :  also,g\vee 
being  satisfied  that  this  Generall  Assembly  was  procured 
by  Mr.  Harris,  &c.  (of  the  Governor),  on  purpose  for  the 
tryall  of  the  sayd  Mr.  Arthur  Fenner,  &c,  to  the  great 
charge  of  the  country  in  this  bussie  time  of  the  yeare  ; 
also,  we  find  that  the  sayd  Mr.  William  Harris  hath  un- 

Jau^i6     justly  occasioned  the  presenting  of  fower  Deputys  more  to 

oy  \V  m 

Han-is'  si tt  in  this  Assembly  for  the  towne  of  Providence,  than  by 
law  ought  to  be  received,  through  his  willfully  calling  a 
part  of  the  townsmen  of  Providence  together  without  any 
warrant  or  order  to  him  directed  by  the  Generall  Serjant, 
Mr.  James  Rogers  ;  which  sayd  acts  of  the  sayd  Mr. 
William  Harris  hath  exceedingly  occasioned  great  dis- 
quietment  in  the  sayd  towne,  amongst  the  antient  inhab- 
itants thereof:  and  forasmuch  as  the  sayd  Mr.  William 
Harris  in  this  Assembly  doth  justify  his  aforesayd  actings, 
and  doth  except  against  the  proceedings  of  this  present 
Assembly,  pretending  to  question  their  proceedings  here- 
in :  and  forasmuch,  as  the  towne  of  Warwick,  hath,  by 
their  petition  to  this  Assembly,  desired  that  they  that  oc- 
casioned the  calling  hereof  (in  case  it  was  procured  by 


JL51  TL'TZTfZi. 


any  t^rai-rolir  i~rs:i   i-rcLi  :eir  is-  c-iirrr  is-raof,  1667. 
■srrr  isri.rs  :'ii>     xsry         —  1  I.  :  :riis.  i..:  n-^t^ 
maris  is  iirrs  :•:  iis-  C:cn  ±"rr  i:-ni  nrriJi:  pij  i^lk 
levied  on  the  ibresay  d  Mr.  Willmm  Hams,  and  that  to  be 
levied  en  tike  toreaajd  Mr.  Wilfiaai  Rmwisb,  Mb  estate, 
wiii  iitis-  n:iis  :y  is  Gs~sri  ^rliii.  lis  1  s: -  — 
orDeaanys;  and  that  the  Clarke  of  this  AnwrmUf  doe  is- 
sne  forth  aaiiaaA  to  him  or  theat  for  that  purpose,  and 
it  :r  isjis  pijs-l  :*:cr  illlirs  i  is  1  :.: 

ihr   IISITSSS.  ill  ISHnS-  ir  5S.J2   lis  is  GsiSSTil 

Treasury  of  this  Ccflony. 

AIs:  -a-r-T  In  :.:  is  j-s-.ns  ::  ii=  C:l:ij.  n  1  is 
sard  inns-  :■:  Prudent*  m  north  ■■111,  enacte  ami  ar-SZiSL? 
ciis-.  ii:  is  ss.jl  Mr.  WIZIin  Z:.rris.  A--!-:.::,  is  lis-1 
chsrrrl  i-r  :•— ::  11  -Lfi'.r-:..-^i:  is  ::~:t.  isrs 
beinz  ry.r j  rrls-Ts-:  1=  : :  i-sly-iis  •  nis:  i~.  i::  :  :--> 
bie  to  be  if  Mlfd  aoe  long  as  be  nrolinrnrth  in  the  office 
of  an  Asslsiii:.  is-  is::::  "sry    ::       lis  •  :  - 

arifssi  iir  r.ri:*r=  ::'  iis  ri-riii  :i.  .1:  1:  i  5. 
ceiii::!!  —  msr.  is  —11  i:*irr  :i  is  :s-:::ls  ::'  Us 
CcImj. 

V::iir;.  Iks— Is  :i  is  :1  ns.  :  : iresd :-i 

which  the  inhabitants  of  this  CoHaaj  are  grieved  mithall 
1-t  ibr  sil  :r:..:iis  ::"  =..cir  ;-srs:i.=  —  1:  ?.ts  sizfr :  ii 

ibrlr  — "-.  1  Tri;i  iirrl  "Hi  TTTrlTr.  M.1  iil  li>r  i'SlTJ 

to  indict  the  "^A"<  'M*J*  for  pretended  wrongs  done  to 
other  persona,  than  thraur lies,  which  indictment  many 
tines  pis?  ii  ir  ZT-ni  ;ir7  is :  -1.1  si  is  is  is  ixsl  ::  ir 
mils  the  band  or  bands  of  some  (reirerali  officer  or  officers ; 
Rs-e  it  therefore  enacted  by  this  present  Assembly  and  the 
anfbnrity  thereof,  that  noe  Generall  officer,  shaft,  far  the 
future,  indict  asay  pmami  -wiiln  this  Gcdfcwy.  in  any  mai- 
ter  that  relates  to  another  persons"  interest,  except  he 
kiTs-  isr:  iot.t.Tz  ixinsss-s-s  :r  is-sinrij;  :-ii.  — - 

der  the  hand  of  another  Generall  Assistant,  whose  names 
abaft  be  indomed  an  the  back  side  of  tine  say d  bill  of  in- 
~ :  1.  n  27 


210 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G7.  dictment  to  prove  the  same,  or  else  have  the  leave  of  the 
Court  soe  to  doc. 
Thoi.w«i-     Voatcd,  woe  havcing  perused  the  petition  of  the  Towne 
oi%o""'x  Councill  of  the  towne  of  Providence  setting  forth  their 
T»wm.      grievances  in  poynt  of  the  charge  that  is  like  to  fall  upon 

Councill  of    °  1     J  °  r 

rrovidei.ee  t]ic  towne  by  reason  of  the  wife  and  children  of  Thomas 
Walwin,  who  arc  left  destitute  by  the  sayd  Thomas  Wal- 
win,  who  is  supposed  to  be  run  away  with  Robert  Col- 
well's  wife,  of  the  sayd  towne.  Now  forasmuch  as  there 
is  a  bond  of  the  sayd  Thomas  Walwins,  that  is  forfeited, 
of  twenty  pounds  for  his  not  appearing  according  to  the 
teanurc  of  the  sayd  bond.  Therefore,  be  it  ordained  by 
this  present  Assembly  and  the  authority  thereof,  for  the 
releife  of  the  sayd  towne  of  Providence,  that  the  sayd 
bond  of  twenty  pound  be,  and  is  hereby  tranceferred  over 
vnto  the  Towne  Councill  of  the  towne  of  Providence,  for 
them  to  take  the  forfeiture  of  the  sayd  bond  for  the  re- 
leivinge  of  the  wife  and  children  of  the  sayd  Thomas 
Walwin. 

Voated,  vpon  the  perusall  of  William  Harris,  his  bill, 
wm.  narris' presented  to  the  Gencrall  Assembly  of  his  Maiesties  Col- 

biU  about  1 

anasswe"eaicut ^0n>'  °^  ^^0l^c  Island,  bearing  date  May  1st,  1G67,  havc- 
ing seariously  debated  the  matter,  upon  the  search  of  the 
records  doe  finde  the  first  ground  of  the  stop  of  execution  to 
proceed  from  an  appeale  made  to  his  Majesties  most  Hon- 
orable Commissioners,  wherein  they  referr  the  matter  to  the 
Gencrall  Assembly  of  this  Collony,  as  by  their  act  doth 
appeare,  together  with  the  reasons.  We  likewise  finde  an 
order  under  three  of  their  Honors  hands  for  the  observa- 
tion of  a  temporary  agreement  till  they  shall  find  leisure  or 
meanes  to  putt  a  fynall  end  to  the  sayd  differance.  And 
furthermore,  wee  find  an  order  subscribed  by  their  Hon- 
ors, Gencrall  Nicolls  and  Samuell  Maverick,  beareinge 
dated  the  20th  September,  1GG5,  directed  to  the  Governor, 
Deputie  Governor  and  Assistants,  for  the  full  hearing  and 
determininge  the  cause  dependinge,  which  reference,  if 


AND  PROVIDENCE  PLANTATIONS.  211 

the  petitioner  had  duly  attended  to  (although  wee  justify  1667. 
not  the  procurement  thereof),  might  questionless  have  puttv>;*^,to^ 
a  fynall  issue  to  the  matter.  But  instead  thereof,  the 
complaynant  takes  the  opertunity  to  procure  a  Genernll 
Assemblys  act,  for  the  former  execution  to  issue  forth  at 
such  a  season,  when,  by  a  providence  for  want  of  passage, 
all  the  members  of  that  Assembly  belonging  to  the  towne 
of  Warwick,  were  absent,  and  the  parties  therein  concern- 
ed, not  summoned  to  appeare  to  make  their  defence, 
which,  in  case  it  had  been  transferred  by  the  Governor 
and  Assistants  thereunto,  ought  to  have  been  attended  to. 
Therefore,  this  Assembly  takinge  notice  that  the  petitioner 
hath  surruptisciously  procured  his  intended  purpose,  doe 
enact  and  declare  that  noe  execution  shall  pass  untill  the 
appeale  hath  been  heard,  and  their  Honors  orders  in  the 
meane  time  duly  attended  to. 

Whereas,  it  was  by  the  last  Generall  Assembly  order- 
ed, that  all  the  commissioned  officers  of  the  Band,  should 
have  their  commissions  from  a  Generall  Assembly,  or  for 
whome  they  should  depute  soe  to  doe  ;  in  due  considera- 
tion thereof,  and  that  the  malitia  may  be  in  a  posture  to 
act  according  to  law,  this  Assembly  doe  agree  and  order 
this  to  be  the  forme  of  the  commission,  and  all  former 
formes  to  be  hereafter  voyd. 

To  A.  B.,  apoynted  ,  of  the  Traine  Band  of  the  Thecommn- 

sion  for  the 

towne  of  .    By  vertue  of  these  presents  in  his  c°msione!? 

J  r  officers  of 

Majesties  name,  you  are  impowered  and  fully  authorized  Band!*me 
to  exercise  and  disciplyne  the  Company  and  Trayne  Band 
of  the  sayd  towne  in  the  use  and  exercise  of  armes,  in  the 
art  millitary,  and  in  the  orderly  posture  of  disciplyninge, 
on  such  daies  and  at  such  times  as  the  lawes  of  this  Col- 
lony  have  apoynted  ;  and  in  that  respect  to  observe  the 
rules  of  the  lawes  as  to  fines  and  pennaltyes  ;  thereby 
willing  and  commanding  all  infeariour  officers  and  compa- 
nys  in  the  sayd  Traine  Band,  to  be  respectively  obedient 
to  your  legall  commands  therein.  And  that  in  case  or 
cases  of  extreme  necessity,  by  the  approach  or  assault  of 


212 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16G7.  an  enemy,  any  waiea  to  disturb  the  peace  of  the  sayd 
'-^■"■^■"towne  or  any  part  of  this  Collony  ;  you,  with  the  afore- 
sayd  company,  are  duly  to  observe  and  follow  such  orders, 
instructions  or  directions,  as  shall  from  time  to  time  be 
given  to  you  by  the  Generall  Assembly  of  this  Collony, 
the  Governor,  or  Governoi%and  Councill ;  and  if  need  re- 
quire, the  Councill  of  Warr  in  the  sayd  towne,  the  com- 
mands and  directions  of  either  as  aforesayd  you  are  to 
observe  ;  and  the  performance  of  the  premises  at  all  times 
and  occasions  shall  be  your  siiffitient  warrant. 

It  is  also  ordered,  that  the  acceptance  of  the  aforesayd 
Lr-  M.ffi-U  commission  shall  be  the  sayd  officers  engagement,  and  the 
gagement.  non-acceptance  thereof,  shall  be  accounted  his  refusall  of 
his  office. 

And  also  it  is  ordered,  that  in  case  any  commissioned 
£ar.ofre"  officer  or  officers  of  the  Band  doe  refuse  to  serve  in  his  of- 
fice, that  then  it  shall  be  in  the  power  of  the  Councill  of 
Warr  in  each  towne,  to  nominate,  constitute  and  apoynt 
another  person  or  persons  in  his  or  their  places. 

It  is  ordered,  that  the  Governor  and  Councill  of  Warr 
waMo'p'ive  lxx  eacn  towne  have  full  power  to  give  the  commission  to 
commission.  eacQ  commissioned  officer,  which  sayd  commission  shall 
goe  under  the  Seale  of  the  Collony. 

Voted,  that  whereas  Mr.  William  Harris,  Assistant,  is 
A^ow^cho^ky  this  Court  secluded  from  officiating  in  the  sayd  office  ; 
tn  mTh""-  it  is  ordered,  that  this  Court  doe  make  choyce  of  another 
ns  i  roome.  pergon  fa       roome  of  the  sayd  Mr.  Harris. 

The  person  chosen,  is  Mr.  Stephen  Arnold. 
Ordered,  that  the  Drummer,  Job  Hawkins,  shall  have 
twelve  shillings  paid  'out  of  the  Generall  Treasury  for 
beating  the  drum  at  this  Court.* 
Hr.  John       Voated,  that  whereas  Mr.  John  Clarke  hath  presented 
protestntered a  PaPer  m  way  °f  Pr°test ;  it  is  ordered,  that  the  sayd 

on  record. 

*  [Beating  the  drum,  was  for  tbe  purpose  of  calling  the  members  of  the  As- 
sembly together  at  the  house  appointed  for  meetiug.  The  bell  of  the  State 
House  is  now  rung  for  the  same  purpose.} 


A>~D  PROVIDENCE  PLANTATIONS. 


213 


Mr.  Clarke  be  sent  for  to  come  into  this  present  Court  be-  1667. 
fore  they  determine  the  entering  thereof. 

The  Generall  Sergant  having  been  sent  for  the  sayd 
Mr.  John  Clarke,  reported  that  he  was  not  at  home.  But 
as  the  Sergant  infonnes  that  he  is  gone  forth,  the  Court 
doe  order,  that  the  sayd  paper  by  him  presented,  shall  not 
be  entered  on  the  publick  records  till  he  appears. 

Ordered,  the  Clarke  of  this  Assembly  shall  have  seven  ci^ 

.  *  af  Ike  a§- 

pownds  payd  him  out  of  the  Generall  Treasury  for  his  at-  ^£>^ 
tendance  at  this  Court,  and  for  copies  of  this  Court's  orders 
with  the  Seale  of  the  Collony  affixed. 

This  to  declare,  that  I  doe  protest  against  the  act  of  the 
Generall  Assembly  in  the  case  of  William  Harris,  wherein ?ro 
he  is  fined  and  degraded,  and  doe  desire  to  have  my  pro- 
test recorded  :  the  9th  of  July,  1667. 

WTXLIAM  CARPENTER,  Assis't. 

These  are  to  declare,  that  I  doe  protest  against  the  act^***^ 
of  this  present  Assembly  concerning  William  Harris, ~-TC "4SS" 
where  he  is  fined,  and  doe  desire  to  have  it  recorded. 

By  me,  BEXJAMDs  SMITH,  Assis't. 


Acts j  Orders  and  Proceedings  of  the  Governor  and  Council! 
of  His  Majtstys  Collony  of  Rhode  Island  and  Providence 
Plantations,  held  at  Xewpori,  July  20,  1667. 

At  a  meeting  of  the  Council!  by  a  warrant  from  the 
Governor,  July  20,  1667. 

Whereas,  it  was  ordered  from  the  Governor  upon  spc- 
tial  occasions  concerning  his  Majesty,  both  the  Councill  of 
the  Hand  and  the  Towne  Councill  was  summoned  in  to 
meet  at  Capt.  Morris's  house  this  instant  the  20th  July. 


214 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1667.  Att  the  place  appointed  there  mctt  the  Governor,  Mr. 

-^~v"^/ Poleg  Sanford,  and  Mr.  William  Reape,  who  being,  not 
the  major  part  of  the  Towne  Councill,  could  act  nothing, 
the  Sargent  returning  that  he  had  warned  the  rest  of  the 
Towne  Councill,  to  witt :  the  Deputy  Governor,  Mr.  John 
Easton,  Mr.  John  Clarke,  and  Mr.  James  Barber  ;  there- 
fore, the  defect  lies  at  their  doores,  as  witnesses  this 
board. 

The  magistrates  of  Portsmouth  appeared  in  reference  to 
the  Governor's  warrant,  in  respect  to  the  Hand,  but  no 
farther  appearance  (as  aforesayd).  The  Governor  and 
Councill  so  many  being  present,  as  the  Governor,  Mr. 
Sanford,  Mr.  Reape,  Mr.  Baulston,  and  Mr.  Samuell  Will- 
bore,  did  order  that  on  Tuesday  next  at  the  house  of  Capt. 
Morrise,  by  nine  of  the  clock,  the  Governor  and  Councill 
of  the  Hand  do  meet,  there  and  then  to  determine  of  the 
matters  by  the  Generall  Assembly  to  them  committed,  as 
to  what  to  them  shall  appeare  requisitt. 

At  a  meeting  of  the  Governor  and  Councill  of  the  Hand, 
July  23,  as  also  of  the  Governor  and  major  part  of  the 
Towne  Councill,  the  same  day  ;  the  Councill  having  con- 
sidered an  objection  made  against  the  commission  by  Capt. 
Cranston  for  not  having  the  King's  name  affixed  thereto  ; 
and  although  the  Councill  now  mett  do  judge  the  commis- 
sion sufficient  grounded  vpon  the  Charter,  yett,  to  re- 
move any  colour  of  offence,  do  order  that  these  words  be 
sett  into  all  the  commissions  :  "In  the  name  of  his  Maj- 
estie  Charles  the  2d,  King  of  England,"  &c,  and  be" 
added  by  the  Clerke  of  the  late  Assembly.  . 

Whereas,  the  Generall  Assembly,  sitting  on  the  2d  July, 
1667,  ordered  the  Governor  and  Councill  of  the  Hand  to 
raise  a  troope  of  horse,  &c.  The  Councill  being  this  day  mett 
in  respect  to,  and  in  observance  of  that  law,  do  order,  that 
att  present  itt  shall  be  lawfull  for  all  gentlemen  as  volun- 
teers to  that  service,  to  assemble  together,  so  to  be  exer- 
cised as  a  troope  ;  and  wee  do  appoint  Mr.  Peleg  Sanford, 
Captain  of  the  said  troope,  and  Mr.  John  Almy,  Lieften- 


i 


AND  PROVIDENCE  PLANTATIONS. 


215 


ant ;  and  the  captain  of  the  troope  shall  choose  his  cor-  1667. 
nett,  corporalls  and  trumpeteers  ;  and  when  they  are  <>-#-v--*. 
(which  shall  be  within  eighteen  dayes)  thus  incorporated 
as  volunteers  and  presented  to  the  Governor  and  Councill, 
then  the  Governor  and  Councill  to  give  them  commission 
for  exercising  and  disciplyning  their  troope.  And  also, 
that  if  the  sayd  voluntary  troope  be  not  found  sufficient  as 
to  number,  that  then  the  Governor  and  Councill  may,  and 
are  [authorized]  according  to  the  Courte  order,  to  proceed 
to  the  effecting  thereof. 

The  sitting  adjourned  till  tomorrow  at  the  8th  houre,  at 
the  Governors. 

The  Governor  and  Councill  being  mett,  the  Captain 
and  Lieftenant  elected,  being  sent  for,  the  Captain  for- 
merly, as  vpon  Saturday  last,  and  also  yesterday  by  a  spe^ 
ciall  warrant  now  appearing  before  the  Governor  and 
Councill,  the  Governor  presented  the  commission  to  the 
Captain,  that  was  drawne  forth  by  the  Clarke  of  the  As- 
sembly with  the  seale  vnto  itt,  as  also  an  addition  or  addi- 
tions, as  they  thought  fitt  to  be  made  thereto,  whereby 
there  may  be  a  preservation  of  the  King's  interest  and  of 
the  subjects'  safety  in  this  Colony.  The  Governor  and 
Councill  againe  propounding  to  him  to  accept  of  itt  with 
many  arguments  and  perswasions,  his  answer  Avas,  that  he 
was  not  free  to  accept  of  the  commission  as  it  was  pre- 
sented from  the  Generall  Assembly.  The  Governor  re- 
plyed  that  ther  was  the  commission  from  the  Assembly,  as 
also  additions,  which  should  be  written  into  the  commis- 
sion vnderneath,  and  should  be  signed  by  himself;  and 
that  it  should  also  have  the  seale  of  the  Councill  affixed. 
The  Captain  said  if  ther  might  additions  be  made,  he 
would  accept  of  the  Generall  Assembly's  first,  and  of 
theirs  in  the  rear,  but  as  for  that  commission  of  the  Gen- 
erall Assembly  he  would  not  accept  itt,  pointing  his  finger 
to  the  paper  as  it  lay  vpon  the  table.  Wherevpon,  the 
Governor,  with  the  approbation  of  the  Councill,  having 
drawen  vp  an  additionall  coinmisssion,  the  form  of  which 


21G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG7.  he  objected  not  against,  but  then  sayd  except  the  word 
— -~v-»~  "  chosen  "  was  added  to  the  commission  from  the  Generall 
Assembly,  he  would  not  accept  of  any  ;  whereupon,  the 
Governor  and  Councill  declared  that  they  could  not,  nor 
would  enter  any  word  of  addition  vpon  that  act,  but  what 
already  was  inserted  as  concerning  his  Majesty's  name, 
which  none  could  be  so  bardie,  as  in  the  least  measure  to 
object  against.  Then,  in  fine,  Capt.  John  Cranston  sayd 
he  would  accept  of  neither,  except  the  word  "chosen" 
was  added  to  the  first. 

The  additional  commission  as  by  the  Governor  and 
Councill  made. 

Newport,  in  Rhode  Hand,  the  Collony  of  Rhode  Hand 

spion?<T    and  Providence  Plantations. 

Crtniton.  Capt.  John  Cranston  :  Whereas,  I  have  been  fully  in- 
formed that  on  the  27th  of  May  last  past,  you  were,  by 
the  trainc  band  of  this  towne,  chosen  Captaine  for  this 
present  yeare  ;  and  the  Generall  Assembly  sitting  in  the 
towne  of  Newport,  on  the  2d  day  of  this  instant  moneth, 
did  order  the  severall  commissions  for  the  sevcrall  com- 
manders in  each  respective  towne  in  this  Collony,  one 
whereof  hath  many  times  been  tendered  vnto  yourselfe, 
and  that  you  refused  the  acceptance  thereof,  declaring 
that  in  the  commission  you  had  not  power  committed  to 
you,  whereby  you  might  defend  the  King's  interest,  nor  the 
preservation  of  the  people's  liberties.  Now,  to  the  end  that 
you  may  not  be  straitened  in  vsing  your  vttmost  endeavors 
to  preserve  the  King's  interest  and  the  people's  liberties, 
these  are,  in  his  Majesty's  name,  to  will  and  require  you 
forthwith  to  n;ivc  order  that  the  traine  band  bee  in  a  com- 
pleate  readiness  to  appeare  with  their  amies  att  the  place 
that  shall  bee  by  you  appointed  for  the  service  and  defence 
of  the  place.  You  are  also,  in  his  Majestys  name  hereby  im- 
powered  and  likewise  required  to  vse  your  best  endeavors  in 
opposing  and  resisting  the  King's  enemies  that  shall  attempt 
to  land,  or  in  any  other  way  to  hurt  or  destroy  the  King's 


LIT 


good  subjects  in  this  Collony  ;  and  in  case  It  shall  hereaf-  1667. 
ter  appeare  that  these  additions  to  your  former  commission 
bee  not  sufficient,  then  Tpon  your  complaint  thereof  to  the 
Governor,  or  Governor  and  Councill  of  what  is  wanting  there- 
in, what  appears  to  the  sayd  Governor  or  Governor  and  Coun- 
cill to  bee  requisitt  for  the  defence  of  the  King's  interest  and 
good  subjects  in  this  place,  shall  bee  most  readily  granted 
you  and  them  that  are  or  may  bee  vnder  your  command  ; 
bopeing  and  expecting  that  you  will  to  the  vttmost  of 
your  power,  strength  and  abilitie  resist,  oppose,  repulse 
any  of  his  Majesty's  enemies  that  shall  attempt  to  destroy 
or  molest  the  government  as  it  now  stands  in  obedience  to 
his  Majesty.  And  for,  and  in  performance  of  the  premis- 
es, this  is  and  shall  bee  your  sufficient  warrant  and 
discharge. 

Given  vnder  my  hand,  by  order  of  the  Councill,  July 
the  24th,  1667. 

WILLIAM  BREXTOX,  Governor. 

The  10th  of  August,  1667. 

"Whereas,  the  Generall  Assembly,  sitting  in  July  last 
past,  and  takeing  into  their  serious  consideration  the  ne- 
cessify  of  raysing  a  troope  of  horse  in  Rhode  Island,  did 
then,  by  the  power  of  the  Charter  granted  to  this  Collony 
by  his  sacred  Majesty,  enact,  order  and  betrust  the  Gov- 
ernor and  Councill  of  the  sayd  Island,  to  raise  a  troope  of 
horse  ;  in  pursuance  of  which  authority  and  order,  the 
Governor  and  Councill  meeting  vpon  the  24th  of  July  last 
past,  did  conceive  it  to  bee  most  requisitt  to  lay  the  foun- 
dation in  a  voluntary  way  ;  and  therefore,  by  the  power 
committed  to  them,  did  nominate,  choose  and  appoint  Mr. 
Peleg  Sanford,  Captaine  of  fhe  troope  to  be  so  rayzed, 
anl  Mr.  John  Almye,  Lieftenant,  who  were  to  give  notice 
for  their  assembling  and  incorporating  into  such  a  body, 
and  to  make  their  appearance  before  the  Governor  and 
Councill  this  present  10th  of  August,  1667. 

Then  appeared  before  the  Governor,  by  and  vnder  [autho- 

vol.  n.  28 


218 


RECORDS  OF  THE  COLONY*  OF  RHODE  ISLAND, 


1667.  ritie  of]  the  Captain  Mr.  Pelcg  Sanford  and  Lt.  Mr.  John 
Ahny,  who  were  deputed  and  appointed  the  commanders  of 
the  troope  of  horse  vpon  the  Island  ;  and  the  commanders 
being  chosen  by  the  Governor  and  Councill  according  to  the 
General!  Assembly's  act,  and  the  Charter's  authority, 
wee,  the  underwritten,  do  subscribe  as  in  obedicnte  to  the 
foresayd  authority,  and  do  approve  of  the  choyce  of  our 
Captaine  and  Lieftenant  to  the  full,  as  witness  our  hands. 
Those  following  listed  themselves. 

The  Governor,  a  horse,  furniture  and  rider. 
Mr.  Baulston,  the  like.        James  Barber,  Jun'r, 
Mr.  Samuell  Willbur,  the  like. 
Mr.  Win.  Rcape,  the  like.    John  Easton,  Jun'r, 
Henry  Dyre,  William  Smyton, 

John  Sanford,  Francis  Brayton, 

Joseph  Iloldes,  Wm.  Briggs, 

Nath'l  Johnson,  David  Leake, 

Ralph  Earle,  Sen'r,  Hugh  Parsons, 

Joseph  Wellington,  Thomas  Briggs, 

Samuell  Albro. 


The  commission  granted  to  the  Captaine  and  Lieftenant 
of  the  troope. 

To  Mr.  Peleg  Sanford  :  You  being  chosen  Captaine  of 
the  troope  of  horse  in  this  Hand,  called  Rhode  Island,  in 
the  Collony  of  Rhode  Island  and  Providence  Plantations, 
by  the  Governor  and  Councill,  according  to  the  Charter 
and  Generall  Court  order,  and  being  accepted  by  the  full 
approbation  of  the  troop  appearing  before  the  Governor 
and  Councill  the  10th  of  August,  1GG7  : 

These  are  therefore,  in  his  Majesty's  name,  Charles  the 
2d,  King  of  England,  Scotland,  ffraunce  and  Ireland, 
with  the  dominions  and  territories  thereto  belonging,  do 
require  you  and  also  impower  you  to  mannage  and  dis- 
cipline the  sayd  troope  according  to  your  best  skill  and 
understanding  ;  att  and  vpon  such  dayes  and  times  as  you 
shall  think  fitfc  or  find  expedient,  not  excecdinge  six  times 


AMD  PROVIDENCE  PLANTATIONS. 


in  the  yeare,  except  extraordinary  occasion  shall  pres  166 
ent,  and  then  by  order  from  the  Governor,  or  Governor  and 
Coancill,  you  and  your  troope  to  be  in  readiness  :  also,  if 
invasion  or  endanger  of  surprize  by  his  Majesty  es  enemy  es 
bee,  or  likely  to  bee,  you  are  forthwith  to  mount  your 
troope,  and  to  give  your  vtmos?  abilitie  and  strength,  to  de- 
fend, make  resistance  and  oppose  ;  and  al waves  and  at  all 
times,  especially  in  time  of  danger,  to  be  attent  and  ob- 
servante  of  such  orders,  directions  and  instructions  as  you 
shall  receive  from  the  Governor,  or  Governor  and  Coun- 
cill :  and  in  so  doing  this  shall  be  your  sufficient  warrant 
and  discharge  as  to  all  and  singular  the  premises.  Given 
voder  our  hands,  with  the  scale  of  the  Councill,  this  10th 
of  August,  1667. 

WILLIAM  BREXTOX,  Governor. 
WILLIAM  BAULSTOX.  Assistant. 
WILLIAM  EEAPE,  Assistant 
S  AMTELL  WILLS  FEE,  Assistant. 

The  like  commission  was,  by  the  Governor  and  Coun- 
cill vnder  the  hands  and  seale  of  the  Councill,  to  Mr.  John 
Almye,  as  Lieftenant,  to  Captaine  Peleg  Sanford,  of  the 
troope,  thus  and  as  aforesaid  rayzed  joyntly  by  the  Hand, 
called  Rhode  Island. 

ARTHUR  FEXXER.  Assistant. 
JQHX  GREENE.  Assistant 


220 
1G67. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Proceedings  of  the  General!  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  SOth  of  October,  1667. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Easton,  Deputic  Governor. 


ASSISTANTS. 


Mr.  Peleg  Sanford, 
Mr.  William  Reape, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Capt.  Arthur  Fenner, 


Mr.  William  Baulston, 
Mr.  Samuell  Wilbur, 
Mr.  John  Greene, 
Mr.  Benjamin  Smith, 


DEPUTIES. 


Mr.  John  Clarke, 
Capt.  John  Cranston, 
Mr.  Caleb  Carr, 
Lieut.  Joseph  Torrcy, 
Mr.  Edward  Smith, 
Mr.  John  Crandall, 
Mr.  John  Throckmorton, 
Mr.  Lawrence  Wilkinson, 
Mr.  Resolved  Waterman, 


Mr.  Edward  Enman, 
Mr.  Richard  Borden, 
Mr.  William  Woodell, 
Mr.  Joshua  Coggeshall, 
Mr.  Jared  Bourne, 
Capt.  Randall  Houldenj 
Mr.  Thomas  Greene, 
Mr.  John  Potter, 
Mr.  Edmund  Calverly. 


The  Governor  chosen  Moderator  of  the  Assembly. 
John  Sanford  chosen  Clerk  of  the  Assembly. 
According  sto.  former  order,  the  Charter  was  openly 
read. 

Voated,  that  a  bill  of  tenn  shillings  signed  by  Mr.  Wil- 
liam Baulston,  Mr.  William  Harris  and  Capt.  John  Greene 
unto  Samuell  Gorton  of  Warwick,  Jun'r,  is  ordered  to  be 
payd  out  of  the  Generall  Treasury. 


AND  PROVIDES  CE  PLANTATIONS 


221 


Whereas,  there  was  an  act  made  by  the  Generall  As-  1667. 
sembly  held  at  Newport,  the  second  of  July,  1667,  which  1 
impowered  the  townes  of  Xewport,  Providence,  Parts- 
mouth  and  Warwick,  with  as  ample  a  power  for  the  man-""031 
agement  of  their  militia,  in  order  to  the  preservation  of  his 
Majesties  interest  with  their  owne,  in  these  most  hazzard- 
ous  times,  as  by  the  authority  given  vs  by  our  Charter 
they  could  invest  them  with  ;  and  in  a  more  especiall 
manner  committed  the  care  of  Rhode  Island  with  the  rest 
of  the  islands,  and  the  southern  part  of  that  tract  now 
called  the  King's  Province,  unto  the  Honored  Governor 
and  Councills  of  the  Island,  with  suitable  power  to  provide 
for  the  same,  as  at  large  appears  in  the  sayd  act,  which 
was  to  continue  until  the  sittinge  of  the  present  Assembly 
and  no  longer.  The  present  Assembly  takeinge  into  con- 
sideration that  there  is  the  like  need  for  the  continvation 
thereof,  do  vote  and  agree  that  the  sayd  act  shall  con- 
tinew  in  full  force,  to  all  intents  and  purposes  untill  the 
sittinge  of  the  next  Generall  Assembly  of  this  Collony. 

Voated,  that  the  towne  of  Portsmouth  have  liberty  to 
add  fower  men  to  their  Councill  of  the  towne. 

Toated,  vpon  the  petition  presented  by  Mr.  John 
Throckmorton,  concerninge  the  estate  of  his  daughter, 
Taylor,  the  Court  doe  referr  the  matter  to  the  towne 
Councill  of  Providence. 


2'2'2  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1668. 


Proceedings  of  the  Gencrall  Assembly  of  the  Cottony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  G//i  of  May,  1G68. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Easton,  Deputy  Governor. 


ASSISTANTS. 


Capt.  Peleg  Sanford, 
Mr.  William  Reape, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Capt.  Arthur  Fenner, 


Mr.  William  Baulston, 
Mr.  Samuell  Wilbur, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


DEPUTIES. 


Newport. 
Mr.  John  Clarke, 
Capt.  John  Cranston, 
Mr.  Caleb  Carr, 
Lieut.  Joseph  Torrey, 
Mr.  Joseph  Clarke, 
Mr.  Edward  Greenman. 

Providence. 
Mr.  John  Throckmorton, 
Mr.  Samuell  Bennitt, 
Mr.  Edward  Enman, 


Mr.  Nath'l  Waterman. 

Portsmouth. 
Mr.  William  Hall, 
Lieut.  John  Albro, 
Mr.  Joshua  Coggeshall, 
John  Sanford, 

Warwick. 
Mr.  John  Weeks, 
Mr.  Richard  Carder, 
Mr.  James  Greene, 
Mr.  Edmund  Calverly. 


The  Governor,  Mr.  Wm.  Brenton,  chosen  Moderator. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

Voated,  that  Capt.  John  Cranston,  Mr.  William  Car- 
penter, John  Sanford  and  Capt.  John  Greene,  are  apoynt- 
ed  to  view  and  calculate  the  voates  for  the  Election. 


AND  PROVIDENCE  PLANTATIONS. 


223 


The  Court  adjourned" till  to-morrow  eight  of  the  clock,  1668. 
to  give  way  for  the  Election.  -^^^ 

At  the  Election,  the  officers  chosen,  May  the  6th, 
1668. 

Mr.  William  Brenton,  Governor,  ingaged. 

Mr.  Nicholas  Easton,  Deputy  Governor,  ingaged. 

Capt.  Peleg  Sanford.  Assistant,  ingaged. 

Capt.  John  Cranston,  Assistant,  ingaged. 

Mr.  John  Easton,  Assistant,  ingaged. 

Mr.  William  Carpenter,  Assistant,  ingaged. 

Mr.  William  Harris,  Assistant. 

Mr.  Thomas  Harris,  Assistant. 

Mr.  William  Baulston,  Assistant,  ingaged. 

Mr.  Samuell  Wilbur,  Assistant,  ingaged. 

Capt.  John  Greene,  Assistant,  ingaged. 

Mr.  Benjamin  Smith,  Assistant,  ingaged. 

John  Sanford,  Gen'll  Recorder,  ingaged. 

James  Rogers,  Gen'll  Sergant,  ingaged. 

Mr.  John  Coggeshall,  Gen'll  Treasurer,  ingaged. 

Mr.  John  Easton,  Gen'll  Aturney,  ingaged. 

Mr.  William  Dyre,  Generall  Solicitor,  ingaged. 

May  7th,  1668. 
The  Charter  according  to  order,  openly  read. 
Vpon  a  motion  made  by  severall  of  the  Deputies,  de-  The  p.cvu- 

r  *  P  '  ties  with- 

sireing  to  withdraw  themselves  from  the  bench  to  consider d,aw- 
of  such  affaires  as  they  may  think  fitt  to  propose  for  the 
well  beinge  of  the  Collony. 

It  is  ordered  and  enacted,  that  the  Deputies  have  liber- 
ty for  halfe  an  howers  time  to  withdraw  themselves,  and 
then  immediately  to  returne  ;  and  that  for  the  future  the  like 
liberty  is,  and  shall  be  allowed  to  the  Deputies  if  they  or 
the  major  part  of  them  shall  desire  it,  and  that  in  the  time 
of  their  absence,  noe  act  shall  pass  as  a  law. 

Ordered  by  the  Assembly,  in  answer  to  the  petition  ofleH^matte 
Samuell  Eells,  that  forasmuch  as  the  jury  have  not 
brought  in  a  verdict  in  the  action  betwixt  him  and  Henry 


224  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG8.  Bull,  as  by  record  is  manifest  ;  therefore  this  Court  doe 
v-^-v-w order,  that  Mr.  William  Almy  that  was  the  foreman,  doe 
returne  all  the  papers  into  the  hands  of  the  Recorder,  that 
soe  each  party  may  receive  them,  or  copies  of  them. 
Forasmuch  as  great  inconveniencys  have  been  for  want 
As^mbiy1  °f  the  freemen  soe  readily  and  seasonably  apecring  on  the 
fore tt5     Election  day,  which  hath  put  the  country  upon  great  exc- 
gancy  with  respect  to  perfectinge  the  Election  in  its  sea- 
son ;  therefore,  bee  it  enacted,  that  the  Generall  Assem- 
bly of  this  Collony  bo  from  henceforth  convened  at  or 
about  one  of  the  clock,  in  the  afternoone,  on  the  day  be- 
fore the  Election,  for  the  furtherance  thereof;  and  that 
the  Election  from  henceforth  shall  begin  about  nine  of  the 
clock  in  the  morninge  on  the  Election  day,  and  soe  pro- 
ceed, any  former  law  to  the  contrary  made,  notwith- 
standinge. 

Bee  it  enacted  by  this  Assembly,  that  the  Recorder  doe 
The  sejant  with  all  expedition  auditt  the  Serjant's  accompt,  and  in 

to  give  in  1  .  * 

thaReco'aer case  the  Serjaiit  doe  neglect  to  take  up  such  fines  and  for- 
aoout  fines.  forfejtures  as  ]ie  ]1;l(;h  already  ordered  to  take  betwixt  this 

and  the  next  session,  that  then  he  shall  be  fined  as  they 

shall  judge  fitt. 

It  is  ordered,  that  the  Recorder  is  impowered  to 
Recorder  to  ballaiice  the  Treasurers  accounts  and  record  the  true  bal- 

ballance  the 

;™:ir'  liinue  thereof. 


r 


AND  PROVIDENCE  PLANTATIONS. 


225 


1668. 


PAPERS  RELATING  TO  THE  DISPUTED  JURIS- 
DICTION OF  THE  NARRAGANSETT  COUNTRY, 
NEAR  PAWCATUCK  RIVER. 


At  a  meeting  of  the  Commissioners  of  the  United  Colonies 
of  New  England,  held  at  Hartford,  the  bth  September, 
1667,  the  following  writing  ivas  presented  by  the  Com- 
missioners of  Connecticut  * 

Whereas,  our  honored  and  beloucd  bretheren,  the  Commissioners  of  Massa- 
chusetts and  Plymouth  Collonie,  bane  pleased  to  intimate  some  grievances  re. 
specting  their  confederates  of  Couecticott,  wee  returne  as  followeth  :  that 
whereas  the  gentlemen  of  the  Massachusetts  presented  an  order  of  theire  Gen- 
erall  Court,  declaring  theire  concurrence  with  the  conclusions  of  the  Commis 
sioners  in  1664,  for  a  tripertite  conseaderation  and  trieniall  meeting  of  the 
Commissioners  which  theire  Secretary  sent  to  our  Court ;  wee  answer,  that 
altho  it  doth  not  appeer  that  an  answare  in  writing  was  returned  thereunto 
yett,our  Generall  Assembly  did  so  well  resent  that  determination  of  the  Commis- 
sioners, that  wee  know  not  of  any  that  did  oppose  it ;  and  haue  acted  accord" 
ing  in  choise  of  Commissioners  euer  since,  and  attending  the  Corporation 
business  att  Boston,  in  complyancc  of  that  agreement. 

1.  In  reference  to  Southertowne,  the  Massuchusetts  did  exercise  jurisdic- 
tion after  the  determination  of  the  Commissioners  in  1658  and  1659,  vntill  the 
gouernment  of  that  place  was  stated  to  va  by  Charter  ;  nor  haue  the  gentlemen 
of  the  Massachusetts  declared  to  vs  any  dislike  of  our  soe  doeing  those  two 
yeares  past  that  wee  know  of ;  and  wee  hope  that  our  Court  will  take  care 
that  the  rights  and  proprieties  of  all  within  theire  lymetts  bee  duely 
preserued. 

2.  As  for  the  Pequott  Indians,  they  are  settled  on  a  large  tract  of  laud  for 
theire  planting  and  subsistence,  which  wee  wish  had  bine  sooner  attended,  but 
being  now  effected,  wee  hope  will  satisfy  all  our  confeaderates. 

The  Commissioners  having  formerly  declared  their  sense  of  matter,  doe 
meet  to  refer  the  same  to  the  Generall  Court  of  the  several  colonies. 

In  testimony  of  our  joynt  consent  to  the  enterance  of  the  foregoing  conclu- 
sions  respectively,  wee  haue  heervnto  sett  our  hands  the  1 2th  day  of  Septem- 
ber, 1667. 


WILLIAM  LEETE,  Presedent.        THOMAS  SOUTHERWORTH, 


THOMAS  DANFORTH, 
JOHN  LEUERETT, 


THOMAS  HINCKLEY, 
SAMUELL  WILLIS. 


*  Hazard's  State  Papers,  vol.  2,  pp.  109-111. 

vol.  ii,  29 


226 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1668. 


Letter  from,  Connecticut,  to  Governor  Brenton  of  Rhode 

Island  * 

Hartford,  October  17th,  16G7. 
Honored  Gentlemen  :  V\re  are  informed  by  some  of  our  people,  that  some  of 
yours,  viz  :  John  Crandall,  by  name,  hath  come  on  the  west  side  of  Pawcatuck 
river,  and  hath  layd  out  a  great  quantity  of  land,  of  about  a  mile  square,  to 
his  son  ;  which  sayd  parcel!  of  land,  is  within  the  bownds  of  Stonington  ;  in 
which  are  scucrall  lotts  belonging  to  divers  persons,  who  haue  enjoycxl  the 
same,  for  some  ycares  peaceably.  This  we  thought  meet  to  acquaint  you  with  ; 
trusting  you  will  not  alowe  any  of  yours  to  incroach  upon  our  rights  (to  the 
disturbance  of  our  peace,  and  the  discourageing  of  the  inhabitants  of  the  townc 
concerned,  in  the  prosecution  of  their  occations,  for  their  future  benefit)  but 
that  you  will  command  those  vnder  your  gouerment,  that  they  forbeare  all  such 
vnjust  proceedings  (as  wee  haue  acquainted  you  with),  for  the  future  ;  which  if 
attended,  will  be  much  to  our  satisfaction.  But  if  after  we  haue  acquainted 
you  herewith,  any  of  yours  shall  proceed  to  disturbc  our  peace,  by  molesting  of 
our  inhabitants  in  their  just  rights,  or  possessing  themselues  with  our  lands  ; 
we  must  not  suffer  it,  but  use  all  just  meaues  within  our  power  to  mayntaync 
our  rights,  and  bring  such  intruders  to  condigne  punishment.  We  shall  not 
giuc  you  farther  trouble,  but  lcaue  what  we  haue  presented,  with  your  wisdomes. 
Hopeing  for  such  a  complyanco  and  neighbourly  correspondency  as  may  pro- 
mote your  and  our  publique  peace.    And  we  rest,  gentlemen, 

Your  assured,  loueing  neigbours  and  friends,  the 
Generall  Assembly  of  his  Majesties  Colony  of 
Conecticot.    Signed  per  their  order,  per  me, 

JOHN  ALLYN,  Secretary. 

Superscribed. 

For  the  Right  Worshipfull  William  Brenton,  Esq'r,  Gouernor,  with  the 
Honoured  Council!  of  his  Majesties  Colony  of  Rhode  Island  and  Proui- 
dence  Plantations,  at  Newport,  on  Rhode  Island.    This  be  all. 
Leaue  this  with  Mr.  Tho.  Stanton,  to  be  conveyed  as  aboue  directed. 

Petition  of  the  inhabitants  of  Wickford. 

To  the  Honoured  Generall  Court  at  Hartford,  the  humble  petitioners  con- 
cerned, together  with  the  inhabitants  of  the  townc  of  Wickford,  in  behalfe 
of  ourselves  and  others,  this  fourth  day  of  May,  16G8. 
Humbly  sheweth  :  Whereas,  his  Itoyall  Majesty  hath  granted  you  a  gra- 

tious  Charter,  by  virtue  whereof  to  defend,  cherish  and  gouerne  his  subjects 


*  Rhode  Island  Historical  Society's  Manuscripts,  p  -14. 


AND  PROVIDES CK  PLANTATION'S. 


227 


in  this  remote  wilderness,  ami  before  your  Charter  was  granted,  wee  intreat-  1668. 
ed  your  Gouernour  to  take  that  tract  of  land  fhat  wee  had  purchased  in  the , 
Narragansett  countrye  into  your  patent  and  jurisdiction,  that  wee,  the  propri- 
etors might  improue  it  for  plantations,  which  accordinglye  was  done ;  and  the 
extent  of  your  patent  reachinge  vss  in  the  Xarragauset  countrye,  causi-d  vs  to 
apply  our  selues  to  you  in  the  yeare  sixty  foure :  vppon  which  you  were  pleased 
to  take  vs  vnder  the  winge  of  your  gouernment  by  makeing  ts  a  towne,  and 
constitutinge  officers,  and  which  since  hath  bene  enterrupted  per  such  proceed- 
ings of  his  Majestyes  honorable  Commissioners,  as  vow  are  not  ignorant  of. 
Wee  findeing  a  necessity  of  looking  for  protection  and  defence  by  a  gouern- 
ment. doe  againe  applye  ourselues  vnto  this  Honoured  Court,  desireing  vow 
would  pleas  to  assume  your  power,  and  to  afford  vss  protection,  that  so  ac- 
cording to  our  ffirst  propositions  to  your  Governor,  wee  the  proprietors  might 
haue  libertye  to  settle  plantations  there  vppon  our  lands  for  the  advancement 
of  the  generall  good  of  the  countrye.  which  if  vow  pleas  to  doe,  wee  shall 
thankfully  acknowledge  your  ffauor  and  gratious  protection.  But  if  vow  shall 
not  sec  cause  to  reassume  the  gouernment  of  the  place  according  to  our  ffirst 
propositions,  wee  desire  your  answer,  that  so  wee  may  look  for  government 
and  protection  elsewhere,  being  not  able  to  liue  either  in  our  ciuill  and  eclesi- 
asticall  matters  without  gouernment.  which  both'  the  honor  of  God  and  the 
good  of  the  country  now  callse  vppon  vs  to  seek  affter.  and  because  wee  looke 
at  our  selues  most  obliged  to  vow,  wc  make  this  furder  applycation  to  vow. 
And  whatever  your  answer  shall  bee.  wee  acknowledge  our  selues  bound  to 
pray  for  your  welfare  and  happines. 

Daniel  Denison.  •  William  Hudson. 

Richard  Smith.  John  Yiall, 

Joshua  Hewes.  The  mark  of  Tho.  Eh  Joy. 

John  Crabtree,  The  mark  of  j-  I  Macklin  Knight. 

Lawik  Vandick,  Thomas  Slanders, 

ffranses  Batts,  Walter  H  the  mark  of  Howes. 

Amos  Richisson,  John  Cole, 

Samuell  Eldrid,  Senr,  Samuel  Wait. 

Alexander  fifenixe,  Dauid  Maddocke. 

Jno.  Paine, 

Appointment  of  Agents  by  Connecticut  to  treat  with  Rhode 

Island. 

These  are  to  signify,  that  the  Generall  Assembly  now  sitting  at  Hartford, 
May  14th,  1CG6,  haue  chosen  aud  appoynted  Mr.  John  Allyn,  Assistant,  and 
Thomas  Stanton,  to  be  their  agents  to  treate  with  the  Gouernor  of  Rhode  Is- 
land, either  singly  or  with  his  Councillj  concerning  any  matters  or  things  re- 
specting our  right  elayme  to  any  land  in  the  Xarragansett  country,  or  at 
Squamacuck,  or  elsewhere  deteyned  by  any  persons  vnder  pretence  of  being 
vnder  Rohd  Island  gouerment.  and  to  take  what  answers  they  shall  please  to 
giue  and  make  returne  or  reporte  thereof  vnto  the  Generall  Court  in  October 
next. 

Signed  by  order  of  the  Generall  Court. 

per  me,  JOHN  TALLCOTT,  Assistant, 


228 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1668. 

Instructions  for  Mr.  John  Alhjn  and  Mr.  Tho.  Stanton. 

I .  You  are  by  the  first  convenient  oppertuuety  to  repayrc  unto  £he  Gon- 
emor  of  Rohd  Island,  and  signify  unto  him  that  you  are  sent  fiiom  this  Gener- 
all  Assembly  to  declare  theire  scnce  of  great  wroungcs  done  to  this  Collony  by 
sundry  pretending  to  be  vndcr  their  gouerment  in  interrupting  theire  quiate 
possession  of  diucrs  inhabitants  in  their  hinds  and  estates  at  Squamacuck  or 
elsewhere,  within  that  tract  of  Narragansett  country,  which  hath  been  gra- 
ciously granted  by  his  Majesties  Charter  vnto  this  Colony. 

'1.  You  are  then  to  assertt'the  claynie  of  our  right  thereunto,  describeing 
it  according  to  Charter. 

3.  You  arc  to  let  them  vnderstand  that  if  an  effectuall  course  be  not  taken 
forthwith,  to  cause  all  those  persons  that  hnue  not  taken  up  their  right  in  any 
of  these  lands  from  this  Court,  that  they  still  owneing  and  submitting  there- 
unto, then  this  Court  purpose  to  use  such  meanes  as  shall  be  in  their  power,  to 
represse  such  enormous  and  turbulent  practices  from  such  intruders  ;  leaueing 
the  consequences  thereof  upon  the  account  of  such  as  shall  not  obscrue  accord- 
ingly- 

4.  You  are  then  to  demande  some  answer  from  the  sayd  Gouernor  and  his 
Councill,  hereunto,  in  plaync  expressions  or  writing,  that  that  may  be  report- 
ed to  this  Court  without  mistake. 

Signed  by  order  of  the  General!  Court. 

per  me,  JOHN  TALLCOTT,  Assistant. 

*      A  copy  of  Mr.  Stanton's  and  Mr.  Allyn's  Propositions  to 

Rhode  Island. 

To  the  Honored  William  Brenton,  Esq.,  Gouernour  of  his  Majesties  Colony 
of  Rhode  Island,  &c.,  those  of  his  Councill  present. 

Honored  Gentlemen:  We  have  acquainted  you  with  our  commission,  from 
our  General!  Court  of  Connecticut^  and  by  word  of  mouth  haue  represented 
you  with  something  of  our  desires  and  claynies  ;  but  you  haueing  desired  it 
under  our  hands,  to  accomodate  you  therein,  we  present  as  followeth  : 

1.  That  seuerall  inhabitants  of  the  Colony  of  Connecticut  (who  are  his 
•  Majesties  loyall  subjects),  are  interrupted  and  molested  in  the  improuement 

and  quiat  possessing  of  their  lands  and  estates  at  Squamacuck  (and  in  particu- 
lar the  heirs  of  the  much  Honored  John  Hayncs,  Esq'r,  deceased),  by  sundry 
[persons]  who  pretend  themsclues  to  be  under  your  gouernmclit.  If  they  be 
commissioned  so  to  doe  by  this  Colony,  wc  desire  such  Commissioner  may  be 
recalled. 

2.  We  doe  in  the  behalfe  of  our  Colony  (being  authorized  thereunto  by 
them),  assert  our  right  to  those  lands  granted  us  by  Charter,  which  are  thus 
abutted,  or  are  within  these  boundaries,  viz. :  on  the  east  by  Narragansett  river, 
commonly  called  Narragansett  Hay,  where  the  sayd  riuer  falleth  into  the  sea. 
and  on  the  north  by  the  line  of  the  Massach&setts  plantation,  and  on  the  south 


AND  PROVIDENCE  PLANTATIONS 


229 


by  the  sea :  in  longitude  of  the  Massachusetts  Colony,  running  from  east  to  1668. 
wtesC  that  is  to  say :  from  the  sayd  Xarragansett  Bay  on  the  east  to  the  south  v^^v^^ 
sea  on  the  west  part,  with  the  islands  thereunto  adjoining. 

3.  We  give  you  to  understand,  that  if  the  people  of  our  Colony  be  molest- 
ed still  in  the  possessing  of  their  just  rights  in  any  of  the  lands  granted  to  us 
by  his  Majesties  Charter  bj  any  who  pretend  themselues  under  your  gouern- 
ment.  our  Court  par  pass  to  use  just  meanes  to  repress  such  enormous  and  tur- 
bulent disturbers. 

4.  We  doe  desire  your  answers  to  these  perticulers  in  playne  tearmes  in- 
writing,  that  soe  we  may  make  returne  to  our  Court  that  hath  implored  us  ; 
and  so  we  subscribe,  honored  gentlemen.  Tours, 

JOHN"  ALLYX. 
THO.  STAHTON,  Agents. 
Imployed  by  the  Generail  Court  of  Connecticutt.  to  treat  with  the  Gouernor 
and  Councill  of  Rhode  Island. 

This  is  a  true  coppy  of  what  we  gaue  to  the  gentlemen,  June  31.  '6S. 

Attested  per  me,  JOHN  ALLYX  Screwy. 
Xewport.  on  Rhode  Island.  June  3d.  166S- 

Answer  to  the  foregoing  Propositions. 

To  Capt.  John  AUyn  and  Mr.  Thomas  Stanton.  June  3. 1668. 

Gentlemen :  We  haue  received  your  proposalls  in  a  paper,  consisting  off 
particulars,  4c :  vpon  consideration  whereof,  our  answer  is :  that  our  Gener- 
ail Court  is  not  now  sitting,  nor  is  our  Generail  Councill  to  be  convened  on 
a  sudaine,  by  reason  off  distance  of  places  :  wherefore  being  incapacitated  in 
those  respects,  we  are,  and  shall  be  ready  to  communicate  your  application  to 
eyther  Court  or  Councill  vpon  the  first  opportunity,  for  a  further  result.  Be- 
ing very  desirous  of  a  peaceable  complyance  with  your  Colony,  and  all  his  sa- 
cred Majesties  subjects,  soe  resteth. 

Yours  obleedged. 
By  order  off  the  Gouernor  and  Councillors,  present. 

WILLIAM  DYRE.  Secretary. 

Letter from  the  Gouernor  and  Council  of  Rhode  Island  to 

Connecticut.  • 

Honoured  Gentlemen :  Wee  being  conuened  together  by  our  Honoured 
Gouernor.  to  giue  answer  to  certaine  proposalls  of  desires  and  claime  made  to 
part  of  the  jurisdiction,  wee  are  (not  only  by  his  Majestie)  butt  allso  by  his 
Majesties  Honourable  Commissioners,  invested  with :  according  to  our  Hon- 
ored Govern  oars  promise,  wee  haue  thought  meet,  for  the  keeping  of  a  good 
correspondence  betwixt  vs,  being  so^neare  neighbors,  to  returne  this  ensuing 
answer  to  your  propositions,  concearning  that  it  is  rather  for  want  of  informa- 
tion of  what  our  commission  is.  than  presumption  in  you,  soe  to  doe :  and 
question  nott.  butt  you  will  receiue  full  satisfaction  vpon  pervsall  hereof. 

To  the  first  particular,  wee  answer  :  that  the  lands  of  Misquamacuck  are 
named  in  our  patent  granted  by  his  Majestic,  which  is  a  grand  commission.  a« 


230 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1668.  il'so  bis  Majesties  most  Honourable  Commissioners  haue  by  commission  rndet 
f  their  hands  and  scales.  settled  the  purchasers  of  liisqaamacock  in  their  just 
rights  ;  and  an  account  thereof  haaeiog  been  giuen  to  the  King  and  Connoill : 
his  Majestic  hath  declared  by  writting,  that  he  is  satisfied  with  the  account  of 
his  commissioners  actings  here  :  but  notwithstanding,  ifT  any  persons  them- 
sclues  are  wronged  in  their  just  rights  as  touching  title,  in  case  itt  bee 
not  a  matter  already  decided  by  his  Majesties  honorable  Commissioners,  the 
law  is  open,  and  wee  shall  (as  in  duty  bound)  give  a  hearing.  To  the  rest  of 
the  particulars,  wee  answer  :  in  the  first  place,  that  the  bounds  of  the  pattcnts 
haucing  been  in  dispute  in  England  before  the  King  and  Councill,  his  Majestie 
was  pleased  in  our  Patent,  to  take  a  more  than  ordinary  care  to  stopp  the  dif- 
ference by  a  nonabstante  incerted  therein  concerning  Pawcatuek  river,  called 
Narragansett,  alias  Narragansett  riuer  ;  the  sight  whereof,  with  a  copy  of  that 
clause,  your  Commissioners  had  when  they  were  here  ;  and  furthermore  for  his 
Majesties  better  satisfaction  of  the  boundaries  of  the  seuerall  Patents,  he  was 
pleased  to  send  ouer  his  most  honorable  Commissioners,  that  by  them  lie  might 
see  into  snch  differences  ;  and  they  haucing  thoroly  heard  what  each  Collony 
could  say  concerning  the  boundaries,  thercvpon  did  determine  Pawcatuek  riuer 
to  bee  your  easterne  bounds,  and  from  Shawes  house  by  a  north  line  vntill  it 
meet  with  the  Massachusetts  line  ;  and  gaue  farther  commission  to  vs,  to  gou- 
erne  the  said  tract :  and  therefore  wee  dare  not  neglect  it,  and  doc  hope  that 
you  will  not  presume  to  affront  his  Majesties  orders  herein,  but  rather  be  ready 
(as  formerly)  to  yield  obedience  therevnto,  and  in  so  doeing,  wee  shall  remaync 
your  fellow  subjects  and  servants,  in  love. 

By  order  and  appointment  off  the  Gouemor  and  Councill,  this  20th  of  Au- 
gust, 1668.  WILLIAM  DYRE,  Secretary. 
Newport,  the  Colonic  off  Rhode  Island  and  Prouidencc  Plantations. 
Superscribed. 

To  the  Honored  John  Winthrope,  Esq.,  Gouernour  of  his  Majesties  Colonie 
off  Connccticutt.  To  be  communicated  to  the  Generall  Courte,  these 
presents. 


Petition  of  William  Hudson  and  others,  to  the  Generall 
Court  of  Connecticut. 

To  the  Honored  Gen«-all  Court  assembled  at  Hartford.    The  humble  petition 
of  vs  vndcrwritten. 

Whereas,  wee  with  others  have  comended  a  petition  to  the  Generall  Court 
in  May  last,  to  craue  you  would  claime  jurisdiction  in  Narraganset  country,  and 
soe  establish  it  vnder  a  civill  government  that  we  may  have  some  recourse 
for  justice  in  all  cases  to  yonrselues.  And  now,  at  present,  being  with- 
out goucrnmcnt,  which  we  conceive  destructive  to  vs,  we  craue  you  will  be 
pleased  to  consider  of  our  former  petition  and  take  vs  vnder  your  wing,  that 
soe  we  may  know  whither  to  have  recourse  for  justice  ;  and  also  to  appoynt 
sucli  as  in  your  wisdom  you  thinke  meete  to  be  ministers  of  justice  amongst  vs, 
which  our  necessity  requires,  for  we  cannot  be  content  to  liue  vnder  an  anar 
chy  :  and  we  desire  a  speedy  resolution'hereiu,  for  we  must  haue  recourse  some 
whither  for  gouernment;  and  yonrselues  being  the  first  and  most  proper,  we 


AND  PROVIDENCE  PLANTATIONS. 


231 


have  recourse  io  yourselnes.  Thus  desireing  the  Lord  to  be  your  director,  we  1668. 
pray  for  you  in  all  your  vndertakings. 

Samm  Edrid,  Edward  Hutchinson. 

John  Cole.  John  Paine, 

Joshua  Hewes,  Richard  Smith, 

Abijahe  A.  ffenikc,  John  Yiall, 

Thomas  Sewell.  Timothy  Mather, 

Robert  G.  Greene,  Increase  Adderton, 

Wm.  Hudson, 
October,  '68. 

A  Generall  Asse?nbly  held  at  Hartford,  October  the  Sth% 

1668. 


The  Secretary  and  Mr.  Stanton  presented  the  Court  with  an  account  of 
what  they  did  at  Rhode  Island,  and  allso  a  letter  from  the  Gouernor  of  Rhode 
Island,  was  read  in  Court,  and  a  petition  from  Hutchinson  and  Captain  Hud- 
son and  others,  all  which  arc  left  vpon  file  to  be  considered  the  next  session  of 
the  Generall  Court. 

The  Court  doth  desire  Mr.  Willys  to  take  the  advice  of  Colonell  Richard 
Nicolls  and  Major  Robert  Tompson,  and  to  take  the  best  way  to  promote  an 
issue  in  the  matter  depending  between  Rhode  Island,  and  this  Colony  in  re- 
spect of  the  Narragancett  country.  And  Mr.  Wm.  Leete  and  the  Secretary 
are  desired  to  draw  vp  instructions  for  Mr.  "Willys  and  present  them  to  the 
Generall  Court  now  in  being. 

Whereas,  there  hauebeeu  seuerall  complyants  and  applications  made  to  this 
Court  by  seuerall  inhabitants  of  the  Narragancett  country  whoe  haue  petition- 
ed us  to  establish  a  ciuill  gouernment  there,  they  being  at  present  (as  they 
say)  without  gouernment.  This  Court  haueing  formerly  commissionated  the 
Secretary  and  Mr.  Stanton,  to  treat  in  behalfe  of  this  Colony  with  the  gouer- 
ment  of  Rohd  Island  about  the  premises,  which  conference  hath  produced  no 
satisfaction  to  this  gouerment;  this  being  willing  to  attend  all  wayes,  doe  or- 
der in  the  name  and  by  order  of  this  Court  ,  to  certify  the  gouerment  of  Rhode 
Island  that  if  they  please  to  attend  and  cornmissionate  two  or  more  to  treate 
with  some  likewise  commissionated  by  this  Colony,  we  shall  attend  them  at 
New  London,  in  November  or  March  next,  as  they  shall  please  to  appoint ; 
which  commissioners  shall  be  impowered  to  endeauour  an  amicable  comply- 
ance  and^  issue  between  this  Colony  and  Rhode  Island  in  refference  to  those 
claymes  that  are  between  us,  to  the  lands  and  gouernment  of  the  Narrogancett 
country  ;  and  that  if  the  sayd  gouerment  of  Rhode  Island  shall  refuse  to  attend 
such  a  treaty  as  afoarsaid,  this  Court  doth  determine  to  use  all  just  endeauours 
to  mayntayne  there  proprietiss  in  those  lands  circumscribed  within  the  bownds 
of  our  Charter  and  the  peaceable  improuement  of  the  sair.?.  The  Committee 
appoynted  in  behalfe  of  this  Colony,  are  Mr.  Wm.  Leet,  the  Secretary,  Capt. 
Fitz  John  and  Capt.  Waytc  Winthrop,  Mr.  Tho.  Stanton,  Mr.  Mathew  Gris- 
wold  or  any  three  of  them.* 


*  This  and  the  previous  documents  are  copied  from  manuscripts  in  the  possession  of 
the  R.  I.Hist.  Society. 


232 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1668. 

To  the  Governor  and  Assistants  of  Rhode  Island* 

Gentlemen  :  Our  earnest  request  to  yow  is,  lliat  you  will  please  to  take  the 
/neritts  of  the  petition  of  James  Barker  into  your  care  and  protection,  accord- 
ing to  equity.    We  reniaine  your 

Affectionate  friends,  It.  N.    It.  C.    S.  M. 

The  King's  Commissioners  to  Mr.  Brenton. 

Mr.  Brenton  :  His  Majesty  in  the  latter  part  of  his  signification  of  his 
pleasure  to  the  Massachusetts  Colony,  particularly  declares  that  the  present 
temporary  bounds  sett  by  the  Commissioners  between  Plymouth  and  Rhode 
jlsland  shall  stand  until]  his  Majestic  finds  cause  to  alter  the  same,  which  bee 
pleased  to  receive  as  our  answer  to  yours,  dated  the  1st  of  October.  We  re- 
niaine your  affectionate  friends.  R.  N.    It.  C.    S.  M. 

Gov.  Brenton  to  Colonel  Nicholls,  one  of  the  King's  Com- 
missioners. 

Right  Honorable  :  Yours,  dated  November  the  20th,  1666,  we  receiued> 
wherein  wee  perceive  seuerall  complaints  have  been  made  to  your  Honors 
ngainst  the  government  wee  are  invested  with,  concerning  violences  donne, 
which  actions  according  to  your  honors  supposition,  wee  are  really  ignorant 
of ;  no  such  complaint  having  appeared  to  our  view,  and  as  concerning  the 
latter  that  were  seized  att  Misqamacocke,  it  wass  donne  by  the  Honorable 
Commissioners  order  and  not  by  us  ;  and  as  wee  are  since  informed  the  said 
Roger  Plaisted  putt  into  possession  of  the  lands  hec  claimed  att  Misquama- 
cocke  by  his  honor  Sir  Robert  Carrs  appointment,  three  days  before  wee  re- 
ceived your  letter,  att  which  transaction  some  of  ours  take  themselves  agrieved, 
because  they  were  not  first  there  planted,  but  since  there  order  to  abide  by 
an  order  made  att  Warrwicke,  April,  166"),  under  the  hands  and  seals  of  three 
of  his  Majesties  honorable  Commissioners  during  the  Kings  pleasure,  a  coppie 
of  which  order  wee  question  not  but  remains  in  your  custodie.  which  act  wee 
cannot  perceive  hath  been  repealed  by  your  honors,  and  therefore,  wee,  not 
willing  to  contradict  any  of  your  honors  orders,  are  streightened  how  to  pro- 
ceed to  doe  equall  justice.  And.  Honorable  Sir,  wee  take  it  as  a  great  favour 
your  charitable  construction,  and  the  sense  thereof  imboldens  us  to  request 
your  farther  direction  in  such  a  streight  as  now  appears,  and  so'  having  not 
further  att  present,  wee 

Your  humble  servants. 
(Signed)  WILLIAM  BRENTpN, 

In  behalfe  of  the  Councill. 
Newport,  on  Rhoad  Island,  May  the  Cth,  Anno  16C7. 


*  This,  with  the  documents  which  follow,  are  from  manuscripts  in  the  Collection  Of 
Mr.  John  Carter  Brown. 


AND  PROVIDENCE  PLANTATIONS. 


16168. 

Colonel  Nicholls  in  reply  to  Governor  Brentofi. 


Honored  Sir:  Yours,  of  the  6th  May,  1667,  in  answer  to  a  letter  from 
Sir  Robert  Carr,  Mr.  S.  Maverick,  and  myselfe,  bearing  date  the  20th  of 
November,  166G,  hath  remained  in  my  hands  in  hopes  that  I  might  have 
heard  from  Mr.  Maverick,  whose  advice  I  have  sought  iu  the  matter,  but 
not  yet  attained.  However,  another  occasion  now  presenting,  I  shall 
take  the  liberty  of  offering  my  explanations  and  advice  in  the  questions 
which  you  seeme  to  desire  may  be  reconciled'. 

Be  pleased  to  take  notice  that  his  Majesties  Commissioners,  reflecting 
upon  the  shortness  of  the  time  graunted  in  their  warrant,  bearing  date 
the  4th  of  Aprill,  1665,  at  Warwick,  requiring  the  removal  of  severall  in- 
habitants out  of  the  Kings  Province,  and  seasonably  forseeing  that  his 
Majesties  determination  could  not  be  obtained  before  the  end  of  Septem- 
ber, made  a  second  order,  the  copy  whereof  I  now  send,  unto  which  I  did 
also  concurr  as  you  will  find  by  the'  originall  remaining  in  your  hands. 
After  which,  upon  the  address  of  Roger  Plaisted,  we  wrote  againe  to  you 
•and  gave  you  the  reasons  of  our  actings  in  ours  of  the  20th  of  November, 
so  that  you  may  plainly  see,  that  the  first  order  made  att  Warwick  was 
made  void  by  the  second,  dated  the  15th  of  September,  and  particularly 
explained  in  our  last  of  the  20th  of  November,  '66;  so  that  to  mee  noth- 
ing is  more  cleere,  than  the  nullity  of  the  first  order  made  at  Warwick. 

I  will  not  excuse  Sir  Robert  Carr's  hastiness  in  seasonably  putting 
Plaistead  in  possession,  yet  I  heare  that  he  received  some  extraordinary 
provocations  upon  the  place  it  had  been  more  regular  and  methodicall, 
that  the  justices  had  sent  forth  their  orders  ;  but  failings  are  naturall  in- 
firmities. Thus  farr  in  answer  to  yours  received,  though  I  write  not  now 
as  a  Commissioner,  because  I  am  not  singly  qualified  so  to  act,  but  in 
company,  yet  I  hope  that  what  I  have  or  shall  write  further  will  have 
some  weight  and  impression  upon  your  thoughts,  according  to  the  meritt 
and  justice  of  the  matter.  It  is  well  knowne  to  you  that  his  Majesties 
Commissioners  being  at  Rhode  Island  found  a  controversy  of  title  to  land 
between  William  Harris  and  John  Harwood,  which  had  so  long  depended, 
and  with  too  much  heat  beene  so  farre  prosecuted,  as  that  many  consid- 
erable persons  became  ingaged  as  parties  and  adhierents  to  the  cause  on 
both  sides.  This  moved  his  Majesties  Commissioners  to  incline  to  have 
the  hearing  of  the  matter,  but  his  Majesties  more  weighty  affaires  re- 
quired their  attendance  at  Boston,  from  whence  they  sent  directions  to 
yow  to  heare  and  determine  .the  case,  which  by  your  Generall  Court  in 
1666  was  accordingly  determined  and  graunted  to  William  Harris  which, 
hath  layen  so  long  dormant  in  the  servants  hands,  that  your  late  Gener- 
all Court  in  July  hath  been  pleased  to  put  a  stain  and  blemish  upon  the 
former  resolutions  of  the  Generall  Court  in  '66,  and  wholly  defeated  their 
act,  which  was  graunded  upon  all  the  formalities  of  the  law  from  verdict 
to  judgement  and  execution,  which  at  this  distance  savours  of  some  par- 
tiality-   If  yow  think  mee  worthy  to  propose  an  expedient  consonant  to 

vol.  n.  30 


234 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1668.  justice,  it  should  ho  that  somo  of  your  neighbours  of  Plymouth  Colony 
-p_^_w/  were  invited  and  desired  as  a  jury  or  as  arbitrators  to  heare  impartially 
both  sides,  and  decide  the  wholo  controversy,  for  I  fearo  that  too  many  of 
your  Colony  are  totally  ingaged  already  on  the  one  side  or  the  other. 

.Mr.  Harris  further  complains  that  being  an  Assistant,  together  with 
Mr.  Carpenter  at  a  towne  election  of  oflicers,  they  mett  with  some  disor- 
ders and  thereupon  entered  a- complaint  in  the  Kings  behalfe  against  Mr. 
Fenner,  the  Court  saw  cause  to  acquitt  Mr.  IVnner,  and  to  fine  Mr.  Har- 
ris fifty  pound,  yow  will  not  find  in  anyone  law  book  of  England  a  prece- 
dent for  so  doing,  but  the  contrary;  for  whoever  sues  for  the  King,  thougb 
he  does  not  make  out  tho  full  matter  and  evidence  is  defended  by  the 
laws  from  suffering  a  fine  in  that  respect.  I  hope  yow  will  reflect  sea- 
sonably upon  these  things,  which  with  griefo  and  trouble  I  now  write,  my 
only  designe  therein  is  to  contribute  my  hearty,  neighbourly  and  friendly 
advice  to  your  peace  and  prosperity,  which  you  cannot  expect  till  yow 
have  purged  away  the  leaven  of  factious  interests  in  your  Courts  and 
country.  That  with  brotherly  love  aud  unity  your  affaires  maybe  carried 
on  in  the  sight  of  God  and  all  good  men. 

I  am,  honoured  Sir  and^gentlemen, 

Your  very  affectionate  servant, 

R.  NICHOLLS. 

Fort  James,  in  New  Yorke,  24th  of  July,  1GG7. 


Samuel  Gorton  and  Randall  Holdcn  to  Col.  Nicholls. 


Sir  :  Wee  humbly  made  bold  to  indeavour  the  preferring  of  a  petition 
to  your  honour  and  others  of  his  Majesties  honourable  Commissioners, 
then  residing  with  yourselfe  at  New  YTork,  which  is  now  above  a  year 
agoe,  we  supose  it  was  obstructed  in  its  progress  because  we  never  heard 
of  any  success  thereof;  it  concerned  our  intrest  in  a  small  neck  or  tract 
of  land,  situate  in  the  Nanhygansit  country,  the  ancient  sachims  now  de- 
ceased, proposed  unto  us  in  their  life  time  a  farr  greater  gift  tho'  it  was 
not  inacted,  but  these  that  now  live,  did  freely  of  their  owne  voluntary  mo. 
tion  give  the  said  tract  of  land  unto  us,  moving  themselves  thereunto  by 
courtesies  ourselves  had  done  for  them,  whereof  one  principall  was  our  voy- 
age into  England,  to  present  their  voluntary  subjection  to  the  Kings  Majes- 
ties royall  father  ;  but  being  in  the  time  of  the  heat  of  that  unhappy  warre  , 
we  could  not  find  a  way  how  to  have  accesse,  only  we  procured  the  print- 
ing of  it,  that  publique  notice  might  be  taken  thereof ;  and  being  we  were 
intrusted  with  that  their  act  and  deed,  we  made  bold  on  his  Majesties  be- 
halfe to  prohibit  those  men  of  the  Massachusets  for  intermedling  with  any 
of  those  lands,  in  the  Nanhigansit  country,  till  his  Majesties  royall  plea- 
sure was  made  knowne,  concerning  them  and  the  people  so  voluntarily 
submitted.  The  abovesaid  neck  or  small  track  of  land  bordereth  upon 
those  lands  concerning  which  the  abovesaid  men  of  the  Massachusets 
forced  a  deed  of  sale  from  the  sachims,  only  it  is  divided  by  a  small 
bourne  interposing;  and  when  that  pretended  deed  was  procured,  this 
=  mall  parcell  of  land  was  excepted  in  the  said  deed,  as  being  the  indubita 


AND  providence  plantation?. 


235 


ble  right  of  tout  suplieants,  expressing'  our  names  therein,  as  requested  1(3G8. 
from  all  such  lands  as  the  said  men  of  the  Massachusets  seemed  to  lay 
any  elaime  unto  :  yet  notwithstanding  one  Richard  Smith,  a  dweller  neere 
the  premised  lands,  together  with  his  father  late  deceased,  hare  surrupti- 
tiously  and  forcibly  kept  the  said  lands  for  the  space  of  eight  yeers  now 
past  from  us.  to  the  great  loss  and  damage  of  our  families,  for  a  small  thing 
with  us  is  more  than  greater  matters  with  other  men,  who  have  raised 
themselves  to  great  estate  thro'  our  oppressions  ;  we  have  lived  a  long 
■time  in  hope  of  reliefe  from  his  Majestie  that  was,  and  now  is,  and  his 
honourable  Commissioners,  who  not  only  in  this  perticular,  but  also  in 
other  open  and  hostile  wrongs,  done  onto  us,  but  our  oppressors  still  fin 
our  eares  with  tales  and  tidings  which  it  may  be,  are  their  hopes,  but  oar 
fears,  that  our  reliefe  standeth  yet  aloof :  wherefore  we  have  been  forced 
lately  to  commense  suit  in  law,  against  the  abovesaid  Smith  to  come  by 
•our  right  in  that  one  perticuler,  who  hath-been  the  principall  means  and 
instrument  of  that  intrusion  of  the  men  of  the  Massachusetts  upon  the 
Kings  right,  of  those  lands  of  the  Nanhiganset,  now  called  the  Kings  Pro- 
vince :  this  is  he  that  hath  indeavoured  to  bring  in  other  jurisdictions  to 
beare  sway  and  exercise  authority  in  this  Collony  ;  this  is  he  that  hath 
denyed  subjection  to  this  government,  till  now  this  suit  comensed,  know- 
ing that  else  he  could  not  claime  the  benefit  of  the  law :  this  is  he.  togeth- 
er with  his  accomplices,  who  ofered  indignity  to  noble  personages,  by  the 
inhumane  abuse  of  their  efiigies  by  word  and  deed  upon  Rhode  Island  : 
this  is  he  who  hired  the  said  tract  of  land  only  for  three  yeers,  of  one  of 
the  inferiour  sachims  before  it  was  given  unto  us,  and  hath  since  foysted 
threescore  veers  into  the  writing,  as  appeers  evidently :  this  we  say  not 
to  incense  your  Honor  against  any  mans  person,  but  to  declare  how  we 
abominate  all  such  irregular  dealirgs.  Although  we  be  strangers  to  your 
self,  yet  our  honoured  friend  Capt.^Willet  can  informe  vocr  Honour  of 
our  course  of  life,  and  also  of  our  cause,  and  to  be  short,  this  is  he  who 
hath  kept  in  his  custody  that  order  made  by  your  Honour  and  other  of 
the  Commissioners  at  New  York,  for  the  inlargement  of  the  liberty  cf  the 
men  of  the  Massachusets  in  the  Kings  Province  till  his  Majesties  pleasure 
were  further  knowne  :  only  now  he  brought  it  forth  this  last  Court,  to 
supersead  our  suit  in  law. 

Wee  humbly  pray  therefore,  that  your  Honor  will  please  to  vouchsafe 
to  give  your  ser-ce  of  the  said  order  in  a  few  words  by  your  Secretarie, 
whether  it  comprehend  any  lands  or  priviledges  as  to  stand  in  suspence 
for  present),  which  sre  exempted  and  excluded  the  bounds  of  all  claime. 
of  the  men  of  the  Massachusets  by  vertue  of  that  pretended  deed  procur- 
ed, within  the  confines  of  the  Kings  Prjvince,  this  favour  we  humbly 
crave  of  your  honour,  that  so  we  may  either  see  our  way  cleere  to  prose- 
cute our  suit  in  law,  rot  to  Be  superseaded  by  that  order  (as  we  are  for 
present),  or  else  to  renew  our  patience  to  sit  under  the  burden  as  for- 
merly we  have  done ,  and  we  shall  remaine  as  now,  we  are  your  honours 
humble  servant*.  'Signed)  SAMLELL  GORTON. 

RANDALL  HOWLDON. 

(Superscribed;..    To  the  Risjht  Honourable  Richard  Nicholls.  Governor 
of  New  York,  these  humbly  present,  hast  this. 

Warwick,  Not  >»fk  1667. 


236  RECORDS  OF  IBS  COLONY  Of  KHODK  ISLAND, 

1668. 


Proceedings  of  the  Gencrall  Assembly  held  for  the  Coll  on  1/ 
of  Rhode  Island  and  Providence  Plantations  at  Newport, 
the  20th  of  October,  1668. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Easton,  Deputy  Governor. 


ASSISTANTS. 


Capt.  Peleg  Sanford, 
Gapt.  John  Cranston, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  William  Harris, 


Mr.  Thomas  Harris, 
Mr.  William  Baulston, 
Mr.  Samuell  Wilhour, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


DEPUTIES. 

Mr.  Caleb  Carr,  Mr. 

Joseph  Torrey,  >•  Mr. 

Mr.  John  Coggeshall,  Mr. 

Mr.  Edward  Greenman,  Mr. 

Mr.  Joseph  Clarke,  Mr. 

Mr.  Edward  Smith,  Mr. 

Mr.  Henry  Browne,  Mr. 

Mr.  Edward  Smith,  Mr. 

Mr.  Shadraeh  Manton,  Mr. 


Anthony  Everenden, 
John  Sandford, 
John  Briggs, 
John  Tripp, 
John  Albro, 
John  We  ekes, 
Richard  Carder, 
James  Greene, 
Edmund  Calvcrly. 


Mr.  Wm 
Harris  bill 
read. 


Mr.  Wm 
B'ax^tones 
Mil  read. 


The  Deputy  Governor  chosen  Moderator. 

Joseph  Torrey,  Clarke  of  the  Assembly. 

Voatcd,  that  a  bill  presented  in  Court  by  Mr.  William 
Harris,  shall  be  publickly  read  in  Court. 

Ordered,  that  Mr.  William  Blaxstoncs  petition  shall 
be  read  in  Court. 

Whereas,  Mr.  William  Harris  having  presented  a  bill 
f<>  this  Assembly,  which  poncearnes  a  late  fine  imposed  on 


AND  FROVIDENCE  PLANTATION*. 


lio7 


him,  by  which  he  is  grieved  and  complaineth,  the  Court  16G8. 
refer  the  consideration  thereof  to  a  Committee. 

.      Mr.  H»ni» 

The  Committee  chosen  is  Mr.  John  Easton,  Mr.  Benja-^^e™* 
min  Smith,  Leftenant  John  Albro  and  Joseph  Torrey.  ntZm. 

Whereas,  a  fine  of  fifty e  pound  was  layd  upon  Mr.  Wm.  Wm.  Harris' 
Harris,  Assistant,  as  is  sayd  by  the  Court,  July,  1667,  for""*^ 
that  the  sayd  Harris  made  his  complaint  vnto  the  Govern- 
or of  the  breach  of  his  Majestyes  peace  in  the  towne  of 
Providence,  in  a  tumultuoues  and  riotous  way  ;  where- 
vpon,  a  Gennerall  Assembly  was  called  in  a  busie  season 
of  the  yeare  ;  and  whereas,  the  sayd  William  Harris,  As- 
sistant, hath  made  his  application  to  this  present  Assem- 
bly that  his  isayd  fine  may  be  wholly  remitted,  alledging 
severall  reasones  for  what  hee  requests,  and  producing  the 
judgment  and  advice  of  our  much  honoured  Collonell  Nic- 
olls  in  the  case,  being  a  person  skilled  in  the  law,  the  As- 
sembly having  taken  the  matter  into  serioues  consideration 
and  wayghing  that  his  Majestyes  noble  grant  vnto  vs  hath 
yett  limitted  vsj  soe  that  wee  have  not  power  to  impose 
an  vnreasonabie  mulct,  nor  proceed  in  our  actings  contrary 
and  repugnant  to  the  lawes  of  his  realme  ;  and  judging 
this  act  to  be  such,  doe  therefore  hearby  declare  the  said 
sentence  of  fiftye  pound  to  be  vtterly  voyd  and  of  none  ef- 
fect, and  that  the  said  William  Hams  is  hearby  thereof 
wholly  released  ;  and  all  persons  are  hearby  forbidden,  at 
their  perrill,  from  molesting  the  said  William  Harris  vpon 
that  account,  any  act  of  any  Assembly  heartofore  to  the 
contrary  hearof  in  any  wise  notwithstanding. 

Whereas,  Mr.  William  Blaxton  hath  presented  his  peti-A^«ru> 
tion  to  this  Gennerall  Assembly,  in  which  he  requesteth  pf*'tiOB- 
the  Assembly  that  hee  may  by  this  Collony  in  which  he 
concludes  his  land  lyes,  be  defended  from  the  vnjust  mol- 
lestation  cf  any  that  lives  near  him,  &c  :  the  Assembly  tak- 
ing the  matter  into  serious  consideration,  and  finding  there 
hath  formerly  been  a  present  issue  put  to  that  which  doth 
concearne  the  present  request  by  his  Majestyes  honorable 
Commissioners,  that  noe  person  should  be  disquietted  vn~ 


238 


RECORDS  OF  THE  COLONV  OF  RHODE JRLAND. 


IGGS.  till  his  Majcstycs  pleasure  be  further  knownc,  &e.    As  a 

■ 

present  answer  to  the  petition,  the  Assembly  doe  order, 
that  Mr.  John  Clarke,  who  was  one  of  the  Collonys  agents 
to  plead  the  Collonys  priviledges  before  the  honored  Com- 
missioners, be  requested,  and  is  hearby  requested  and 
impowcred,  to  write  to  the  Governor  of  Plymouth,  that 
hec  may  take  care  that  none  vnder  that  jurisdiction  may 
be  permitted  to  intrude  vpon  or  mollest  the  said  Blaxton 
in  his  just  right. 

The  names  of  such  as  inhabitt  at  Misquamacott,  who 
^l™""ut~  have  formerly  presented  their  names  to  be  made  free  of 
freemen,    this  Colloiiy,    doe  now    againo   [present  them]   to  this 
present  Assembly,  sitting  this  28th  of  October,  1GG8,  and 
are  admitted,  viz.  :  Joseph  Clarke,  John  Maxson,  James 
Badcocke,  Jun'r,  John  Badcocke,  Job  Badcocke,  John 

Randall,  Daniell  Crome,  John  ,  John  Lewis,  John 

Tharpe,  Jonathan  Armstronge,  Daniell  Stanton,  Nicolas 
Cottrell,  Jun'r,  and  James  Case. 

The  names  of  such  as  are,  according  to  order,  made  free 
port»dm*r°f  the  towne  of  Newport,  and  desire  to  be  made  free  of 
tea  freemen.  the  Collony  by  this  Assembly  :  Thomas  Rogers,  Micall 
Philleps,  John  Rogers,  Henry  Lellye,  John  Spencer, 
John  Vahan,  Jun'r,  Henry  Dyer,  John  Greene,  Nathanell 
Johnson,  John  Blise,  William  Timberlakc,  Henry  Palhner, 
Joseph  Bennett,  John  Peckhame,  Jun'r,  Jeremiah  Clarke, 
Joseph  Terrey,  Jun'r,  and  Richard  Bayly  ;  all  proposed 
and  accepted. 

The  Assembly  taking  into  serioues  consideration  the 
Adjourned  wayghty  occationes  of  the  country,  who  have  wayted  with 
Wednesday1  much  patience  to  have  their  actiones  tried  according  to 
"ext.'uch    law,  in  the  Court  of  Justice,  and  this  Assembly  conceive- 
ing  that  its  taking  place  soe  long  hath  been  some  cause 
thereof,  and  the  winter  coining  on  soe  fast,  doe  see  cause 
to  adjourne  vntill  the  second  Wednesday  in  March  next.. 

March  the  Uth  1668-69,  the  Assembly  sat. 
Ordered,  that  whereas  it  doth  appeare  that  any  person 


AND  PROVIDENCE  PLANTATIONS. 


239 


inhabiting  in  this  jurisdiction,  may  on  good  grounds,  or  1669. 
through   mallice  and   envie  be   indicted  and   accused  v-*p"^"w 

°  An  atturney 

for  matters  criminall,  wherein  the  person  that  is  soe  *J,y7^°ed 
[accused]  may  be  innocent,  and  yett  may  not  bee  ac- 
complished with  soe  much  wisdome  and  knowledge  of  the 
law  as  to  plead  his  owne  innocencye,  &c.  Be  it  there- 
fore enacted  by  this  Court  and  the  authority  thereof,  that 
it  shall  be  accounted  and  owned  from  henceforth  vntill 
farther  order,  the  lawful  privilege  of  any  person  that  is 
indicted,  to  procure  an  atomy  e  to  plead  any  poynt  of  law 
that  may  make  for  the  clearing  of  his  innocencye. 

In  consideration  of  great  trouble  that  may  arise  by  rea-  Any  one 

°  j  j  chosen  into 

son  of  indicting  persons  elected  to  office,  or  by  any  voting  p®^^' 
.them  out,  contrary  to  the  free  vote  of  the  freemen  before  ^u^om! 
found  guilty  by  their  peers,  by  reason  whereof,  thro'  deceit, 
mauy  officers  lawfully  elected  and  capable  in  the  law  may 
be  vnjustly  indicted  and  voted  out,  as  noe  lawfull  officers  to 
the  infringing  the  libertyes  of  the  free  vote  of  the  freemen 
disableing  of  the  Courts  and  to  the  obstructing  of  justice  ; 
be  it  therefore  enacted  by  this  Gennerall  Assembly  and 
the  authoritie  thereof,  that  if  any  freeman  of  this  Collony 
be  called  by  the  free  vote  of  the  people  of  this  Corporation 
into  any  office,  that  then,  hee  or  they  soe  elected,  shall  be 
ingaged  thereto  and  officiate  therein,  notwithstanding  in- 
dicted or  voted  noe  officer  against  the  vote  of  the  freemen, 
and  notwithstanding  any  such  bill  or  bills  found  true  bill 
or  bills,  or  any  such  vote  against  him  or  them  objected  to 
the  contrary  notwithstanding ;  provided  neverthelesse, 
that  hee,  the  said  officer  or  officers,  shall  be  brought  to  his 
fayre  tryall  by  his  peers  (viz.)  :  twelve  lawfull  men,  hav- 
ing first  his  or  their  lawfull  challenges  and  lawfully  en- 
gaged to  the  said  case  or  cases  ;  and  forasmuch  as  the 
constitution  of  the  Gennerall  Assembly,  before  this  Char- 
ter granted  by  his  Majestye,  was  of  the  whole  body  of  the 
freemen,  out  of  whome  the  Committee  for  the  tryall  of  offi- 
cers was  to  be  chosen  ;  be  it  therefore  further  enacted  and 
provided,  that  if  any  G-ennerall  officer  happen  to  be  indicted 


240  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G69.  or  complained  against  for  any  delinquency©,  that  the  said 
v-*~-~^-' officer  or  officers  shall  be  allowed  to  have  his  or  their  trial! 
by  twelve  men,  either  of  the  Gcnnerall  Assembly  if  hee  de- 
sire it,  and  therein  soe  many  unsuspected  men  in  the 
case  ;  or  by  twelve  indifferent  freemen  least  suspected, 
that  are  not  of  the  Assembly,  if  the  officer  or  officers  vpon 
the  tryall  desire  it  or  the  Assembly  either,  and  according 
to  the  verdict  of  his  said  peeres  guilty  or  not  guilty,  judg- 
ment shall  be  given  accordingly,  any  objection  pretended 
from  the  Charter  to  the  contrary,  or  notwithstanding  any 
law  or  lawes,  clawes  or  clawses,  or  pretence  of  either,  to 
the  contrary  hearof  in  any  wise  notwithstanding. 

There  being  a  bill  presented  by  the  Gennerall  Sargant 
Rogo«biii  for  calling  severall  Courts  from  October,  1667,  vnto  this 
"Uowed'     present  Court,  and  for  his  attendance  thereon,  which  sume 
comes  to  twenty  one  pounds,  eighteene  shillings  ;  his  bill 
is  approved  of  in  Court,  and  ordered  to  be  payd  out  of 
the  Gennerall  Treasury. 

There  being  a  bill  presented  by  Mr.  William  Harris, 
?eil'8toethe"  which  concerns  the  six  hundred  pound  rate,  &c,  it  is  re- 
Ely*1  A83cm~f  erred  to  the  Assembly  in  May  next ;  as  also  a  petition 
from  John  Whipple  and  Epinetus  Olnye,  concerning  a  fine 
imposed  on  them,  which  bill  is  alsoe  referred  vntill  May 
next. 

Ordered,  that  the  Clarke  of  this  Assembly  shall  draw 
tT0hhavlafi8C  forth  a  coppie  of  the  acts  of  this  Court,  and  send  them  to 
^ppic.each  the  Generall  Recorder  for  him  to  enter  into  the  Booke  of 
Records,  and  to  send  a  coppie  thereof  vnder  the  seale  of 
the  Collony,  to  each  towne  within  twentye  dayes  after  hee 
receives  them,  who  for  his  soe  doeing  shall  have  sixe  shil- 
lings and  eight  pence  for  each  coppie  out  of  the  Gennerall 
Treasury. 


AND  PROVIDENCE  PLANTATIONS. 


241 


1669. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, May  the  Ath,  1669. 

Mr.  William  Brenton,  Governor. 

Mr.  Nicholas  Easton,  Deputie  Governor. 


ASSISTANTS. 


Gapt.  Peleg  Sanford, 
Capt.  John  Cranston, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  William  Harris, 


Mr.  Thomas  Harris, 
Mr.  William  Baulston, 
Mr.  Samuel  Wilbour, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


DEPUTIES. 

Mr.  John  Coggeshall,  Mr. 

Joseph  Torrey,  Mr. 

Mr.  Caleb  Carr,  Mr. 

Mr.  William  Weeclen,  Mr. 

Mr.  James  Barker,  Mr. 

Mr.  Edward  Smith,  Mr. 

Mr.  John  Sayles,  Mr. 

Mr.  John  Whipple,  Mr. 

Mr.  Andrew  Harris,  Mr. 


Shadrack  Manton, 
John  Sanford, 
John  Briggs, 
John  Tripp, 
Lot  Strange, 
John  Weekes, 
Rich'd  Carder, 
James  Greene, 
Edmund  Calverly. 


Mr.  Nicholas  Easton,  Deputye  Governor,  chosen 
Moderator. 

Joseph  Torrey,  Clerke  of  the  Assembly. 

Ordered,  that  the  lflwr  for  convening  the  Assembly  the 
day  before  the  Election,  be  read  in  Court. 

Ordered,  that  those  that  were  admitted  freemen  the  last 
Assembly,  which  sat  in  October,  are  allowed  of,  and 
have  liberty  to  vote  in  the  Court  of  Election. 

Ordered,  that  those  men  that  are  presented  to  be  made 

VOL.  II.  31 


Freemen  ad- 
mitted. 


212 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG0.  freemen  of  the  towne  of  Portsmouth  vnder  their  To wne 
y     'Clarke*S  hand,  are  accepted  of,  and  made  free  of  the 
Collony. 

Thomas  Fry  accepted  to  be  a  freeman  of  the  Collony. 

Samuell  Stafford,  Benjamin  Barton,  John  Warner,  John 
Gorton,  all  acccepted  freemen  of  the  Collony. 

Samuell  Whipple,  Eliezer  Whipple,  and  James  Olnyc 
accepted  freemen  of  the  Collony. 

Ordered,  that  Mr.  Joseph  Sanford  and  Joseph  Torrey 
are  to  write  the  names  of  such  as  come  to  vote  to  morrow, 
being  the  day  of  Election  ;  and  Capt.  John  Greene  and 
Mr.  John  Sayles  are  to  receive  the  votes  from  such  as 
vote,  and  deliver  them  fayre  into  the  hat  on  the  table  ; 
and  Mr.  Peleg  Sanford  and  Mr.  John  Coggeshall  are  to 
assist  for  the  opening  of  the  proxes. 

The  Court  adjourned  till  tomorrow  at  8  of  the  clock  in 
the  morning. 

May  the  5th. 

The  Court  being  called,  did  adjourne  till  to  morrow, 
eight  of  the  clock,  to  give  way  for  the  Election. 

It  was  concluded  that  the  Governor  was  Moderator  of 
the  Assembly,  for  the  Election. 

Mr.  Benedict  Arnold,  chosen  Governor,  and  engaged. 

Mr.  John  Clarke,  chosen  Deputy  Gov'r,  and  engaged. 

Capt.  John  Cranston,  Assistant,  engaged. 

Capt.  Peleg  Sanford,  Assistant,  engaged. 

Mr.  John  Easton,  Assistant,  engaged. 

Mr.  William  Carpenter,  Assistant,  engaged, 

Mr.  William  Harris,  Assistant,  engaged. 

Mr.  Thomas  Olnye,  Jr.,  Assistant,  and  engaged. 

Mr.  William  Baulston,  Assistant,  engaged. 

Mr.  Joshua  Coggeshall,  Assistant;  and  engaged. 

Mr.  Benjamin  Smith,  Assistant,  engaged. 

Capt.  John  Greene,  Assistant,  engaged. 

Joseph  Torrey,  Generall  Recorder,  and  engaged. 

James  Rogers,  Gen'll  Sergant,  engaged. 

Mr.  John  Coggeshall,  Gen'll  Treasurer,  engaged. 


AND  PROVIDENCE  PLANTATIONS- 


243 


Mr.  John  Eastern,  Gen'll  Atorney,  engaged.  16G9. 
Edward  Richmond,  Gen'll  Solicitor.  s-*-v^£ 

'   May  the  6  th. 

The  Governor  chosen  Moderator. 

Joseph  Torrey,  Clark  of  the  Assembly. 

Ordered,  that  several!  petitiones  that  arc  presented, 
shall  be  read  in  Court. 

Ordered,  that  the  petition  presented,  signed  Arthur 
Fenner,  Moderator,  shall  be  discussed  first  in  Court. 

Ordered,  that  two  papers,  presented  by  Mr.  William 
Harris,  in  answer  to  Mr.  Fenner's  petition  be  read  in 
Court. 

Ordered,  that  a  Committee  be  chosen  in  this  Assembly,  Committee 

sent  to  the 

arid  sent  to  Mr.  William  Brenton,  the  late  Governor,  tolat8G?v- 

7  1        ornor  for  Ih 

demand  and  receive  of  him  the  Charter  and  all  other  let- Charter* 
ters  and  other  writings  that  concearne  the  Collony  ;.  and 
that  the  said  Committe  have  full  power  to  give  the  said 
late  Governor,  in  the  Collonys  behalfe,  a  full  discharge  for 
what  they  receive,  and  they  are  to  returne  the  same  to 
this  Court. 

The  persons  chosen  by  this  Assembly  are  Capt.  Peleg 
Sanford,  Mr.  John  Sanford  and  Joseph  Torrey. 

Ordered,  that  the  receipt  given  vnto  Mr.  William  Bren- 
ton, by  the  Committee  sent  from  the  Court,  be  recorded, 
they  having,  according  to  their  trust  delivered  the  Charter 
and  the  letters  mentioned  in  the  said  receipt  vnto  this 
present  Court,  and  are  hereby  discharged  thereof.  The 
coppie  of  the  said  receipt  is  as  follows  : 

In  order  to  the  order  of  the  Gennerall  Assembly  held  The  receip 

to  the  late 

the  fifth  of  May,  1669,  wee  have  addressed  ourselves  vn-  Governor 
to  Mr.  William  Brenton,  the  late  Governor  of  this  Collo- 
ny, and  have  from  him  received  his  Majestyes  gratioues 
Charter,  bearing  date  the  eighth  day  of  July,  in  the  fif- 
teenth yeare  of  his  raygne  ;  also  a  letter  from  his  Majes- 
tye,  vnder  his  Secretary  Bennett's  hand,  dated  the  23d  of 


244 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1CC0.  April],  1GG4  ;  also,  a  letter  from  the  Lord  Chancellor  Clar- 
endon,  bearing-  date  the  28th  of  Aprill,  1GG4  ;  a  coppie  of 
a  letter  of  advice  from  his  Majestyc  to  his  Commissioners, 
dated  the  28th  of  January,  1G64  ;  a  coppie  of  the  order 
for  reprisalls,  dated  the  29th  of  February,  1G64,  directed 
to  Collonell  Richard  Nicolls  ;  also  a  letter  from  the  said 
Nicolls,  directed  to  the  Governor,  in  which  the  said  cop- 
pics  are  inclosed  ;  also  the  order  of  his  Majestyes  Com- 
missioners, vnder  their  hands  and  scales,  concearning  the 
easterly  bounds  of  this  Collony,  by  them  at  present  sett, 
dated  the  7th  of  March,  16G4  ;  and  the  other  part  on  the 
back  side  of  it,  dated  the  11th  of  March,  1G64  ;  as  alsoe 
the  agreement  betweene  Mr.  John -Clarke,  Agent  for  this 
Collony,  and  Mr.  John  Winthrop,  concearning  the  west- 
crlye  bounds  of  this  Collony,  bearing  date  the  7th  of 
Aprill,  1GG3  ;  alsoe  an  order  vnder  the  hands  and  seales  of 
his  Majestyes  Commissioners,  relating  to  the  government 
of  the  Kings  Province,  bearing  date  Aprill  the  8th, 
1GG5  ;  alsoe  a  letter  from  his  Majestyc,  vnder  the  hand 
of  his  Secretary  Morris,  dated  the  10th  of  Aprill,  1GG6, 
the  seales  both  of  the  Charter  and  all  other  letters  not  be- 
ing any  way  defaced.  The  aforesaid  particulars  wee 
have,  as  aforesaid,  receh'ed,  and  do  hereby  according  to 
the  power  committed  vnto  us,  discharge  the  late  Governor 
William  Brenton  thereof,  as  witness  our  hands,  this  Gth 
of  May,  1G69. 

PELEG  SANFORD, 

JOHN  SANFORD, 

JOSEPH  TORREY,  Gen'll  Recorder. 

u',r; bin  con-  Ordered,  that  the  papers  that  were  presented  by  Mr. 
wd™w    e  William  Carpenter,  shall  be  read  in  Court,  which  papers 

Howry  A 

an»Wcrc  Dcnig  found  to  be  matters  presented  to  the  Towne  Coun- 
cill  of  Providence,  by  the  widow  Mary  Mowry  there  living, 
concearning  her  refusing  to  administer  vpon  the  estate  of 
her  late  husband,  Roger  Mowry,  who  dyed  January  the 
5th,  1G66  ;  who  made  a  will,  and  therein  made  his  said 


AND  PROVIDENCE  PLANTATIONS. 


245 


wife  Executrix  thereof,  the  which  she  denied  to  owne,  16G9. 
because  the  estate  left  would  not  discharge  just  debts,  and 
pay  legacies,  &c.  The  Towne  Councill  aforesaid,  havcing 
therefore,  at  her  request,  ordered  therein  and  given  her 
somewhat  above  twentye  pounds  of  the  estate  to  helpe  re- 
lieve her  in  her  old  age,  for  good  reasons  to  them  appear- 
ing, this  Assembly  doe  approve  of  what  the  said  Councill 
have  done  in  the  case,  and  presented  to  this  Court,  and 
doe  further  declare  that  they  the  said  Councill  have  full 
power  to  linish  the  matter  accordingly  for  full  settling  the 
same. 

Ordered,  that  the  Committee  that  hath  been  imploved  T1?e.Com- 
to  gather  in  the  late  levie  of  six  hundred  pound  rate,  shall  ^SmStS 
meet  on  Monday  morning,  sun  rising,  and  from  that  timemee' 
to  appoynt  their  owne  meetings  afterward,  soe  as  to  perfect 
their  accounts  and  give  them  in  to  the  Assembly  at  their 
next  meeting,  which  will  be  on  Friday  next. 

Ordered, -that  Leftenant  Albro  shall  have  notice  given 
him  that  soe  he  may  attend  the  foresaid  meeting. 

The  Gennerall  Assembly  being  sitting  this  14th  day  of£J2cSn 
May,  in  conformity  with  their  adjournment  from  the  8th  c'ononyV 
inst,  which  adjournment  was  made  to  give  way  to  the 
Court  of  Tryalls  then  approaching,  &c.  The  present  Gov- 
ernor, Benedict  Arnold,  vpon  the  sitting  of  this  Assembly 
did  present  a  letter  vnto  this  Court  that  was  sent  from  the 
Gennerall  Assembly  of  Conetticott  Collony,  dated  October 
the  8th,  16G8,*  directed  to  William  Brenton,  Esquire, 


*  Letter  from  the  Gencrall  Assembly  of  Conneeticut  to  the  Governor  and 
Councill  of  Rhode  Island. 

Honoured  Gentlemen  :  This  Court  haneing  seriously  considered  tlie  result  of 
the  returnes  which  xyu  were  pleased  to  send  back  hither  vpon  the  treaty  with 
our  Commissioners,  viz. :  Mr.  John  Allyn  and  Mr.  Thomas  Stanton,  and  find- 
ing no  valid  argument  therein,  which  according  to  law,  or  vpon  pretence  of 
agreement  made  with  our  Governour  iu  England,  and  duely  obserued  by  you, 
can  be  supposed  to  nullify  our  Charter,  title  and  other  interest  in  those  lands 
in  the  Xarraganset  country  and  the  government  there  ;  but  that  other  claimes 
thereto  doe  still  rcmaiue  just  and  ought  to  be  pursued  :  yet  as  neighbours  aitd 


246 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  late  Governor  of  this  Collony,  to  be  communicated  to  his 
v-^-v^-/  Council!,  but  was  not  soe  communicated  as  it  now  appear- 
cth,  nor  made  knowne  by  the  said  late  Governor  vntill  the 
eleventh  of  this  instant,  in  the  afternoone,  and  then  deliv- 
ered to  Benedict  Arnold,  abovesaid,  who  the  same  day 
communicated  it  to  the  Councill,  and  as  soonc  as  the 
Generall  Assembly  sat,  did  in  the  first  place  communicate 
it,  and  commend  the  said  letter  to  the  Court,  even  vpon 
this  present  day,  being  the  first  oppertunityc  that  was  in 
his  hands  to  communicate  the  same  vnto  the  Assembly  ; 
An  order    and  the  Assembly  did  thereupon  order  that  the  said  letter 

about  it.  r  . 

should  be  read,  which  was  accordingly  read  in  Court,  and 
vpon  serious  debate  vpon  the  contents  thereof,  and  some 
former  papers  by  way  of  demands  and  answers  betweene 
Capt.  John  Allin  and  Mr.  Thomas  Stanton  and  the  late 
Governor  of  this  Collony,  dated  June  the  3d,  1668,  relat- 
ing to  the  said  matters  contayned  in  the  abovesaid  letter, 
they  being  sent  from  the  Gcnnerall  Assembly  of  Conetti- 
cott  that  sat  in  May,  1668,  as  it  now  appeareth,  the  pres- 
ent Assembly  doe  order  as  followeth  ;  that  presently  there 
be  a  letter  drawn  vp,  directed  to  the  Governor  and  Coun- 


fellow  men,  desireous  to  follow  peace  with  all  men,  so  much  as  in  vs  lyes,  wee 
thought  meet  once  more  to  put  ourselues  vnto  such  further  trouble  and  charge 
as  to  offer  vnto  you  another  season  for  our  mutual]  endeavouring  an  amicable 
complyance  for  an  issue  respecting  that  matter  by  way  of  treaty  betwixt  some 
persons  on  each  part,  sufficiently  impowered  for  that  end.  who  may  meet  at 
New  London,  sometime  in  November  or  March,  as  your  selues  shall  chuse  and 
signify  to  vs  thereof  seasonably.  The  reality  of  your  intentions  herein,  you 
may  conclude,  and  that,  we  resolve,  if  our  amicable  tenders  be  by  you  rejected, 
to  use  all  just  endeavors  to  maintayne  our  just  rights  and  proprieties.  Thus 
hopeing  our  labour  of  louc  and  study  of  peace  in  the  premises  shall  not  (by 
disregarde  on  your  part)  bee  rendered  fruitlesse  or  ineffectual!,  wee  shall  not 
giue  you  further  trouble,  but  remaine,  gentlemen,  your  expectant  loueing 
(friends,  the  Generall  Assembly  of  the  Colony  of  Conecticutt. 

Signed  per  your  order,  j.  Illy  N,  Secretary. 

October,  1663. 

Post  Script.  Please  to  returne  an  answer  by  the  first  oppertuncty,  that  soe 
we  may  know  your  minds,  you  may  conclude,  and  that  we  resolue  if  our  ami- 
cable tenders  be  by  you  rejected,  to  use  all  just  endeauours  to  mayntaync  our 
just  right  and  proprieties. —  /«'.  /.  Histi  Sec.  Mss.,  p.  81; 


AND  PROVIDENCE  PLANTATIONS.  247 

cill,  or  Generall  Assembly  of  Conetticott  Collony,  and  that  1669. 
therein  shall  be  first  an  account  given  by  way  of  apolagey  >^*—~- 
how  it  came  to  pass  [that]  there  hath  been  noe  returne 
hitherto  for  answer,  as  alsoe  to  signifie  the  redyenes  of  the 
Court  to  meet  in  any  peaceable  proposalles,  and  to  conde- 
scend vnto  a  treaty  in  case  they  please  to  apopynt  time 
and  place  conveniente,  and  give  three  weeks  notice  before 
hand  thereof  to  the  Governor  and  Councill,  and  with- 
all  in  briefe  to  assert  the  Court's  power  of  jurisdiction 
over  the  Xarragansett  country. 

Ordered,  that  the  Governor  be  desired  to  draw  vp  aT-e"ert<> 
letter  to  Conetticott,  which  letter  being  read  in  Court,  is 
approved  of,  and  ordered  to  be  sent,  and  the  originall 
placed  to  record. 

Letter  from  the  Generall  Assembly  of  Rhode  Island,  to  the 
Generall  Assembly  of  Connecticut.* 

Newport,  May  14th,  1669. 
Honoured  Gentlemen  :  Your  lines,  dated  October  last 
past,  coming  to  our  late  Gouernour's  hands,  the  loth  of  No- 
vember, after  the  Generall  Assembly,  &c.  But  how  it  was 
soe  long  before  it  came,  we  know  not,  nor  by  what  acci- 
dent it  lay  ever  since  vncommunicated  to  the  Councill 
who  assure  vs  that  not  one  of  them  had  the  knowledge 
thereof,  vntill  the  eleventh  day  of  this  ins.tant  moneth,  at 
which  time  our  present  Assembly  was  not  sitting,  having 
aojourned  from  the  8th  instant  vnto  this  day,  for  the  Court 
of  Tryalls  to  take  place,  which  was  to  bee  in  that  inter- 
vall.  Had  it  come  happily  to  our  view  four  dayes  sooner, 
you  would  have  received  a  returne  thereto  before  now ; 
but  now  haueing  received  and  perused  the  contents 
thereof,  have  immediately  taken  it  into  consideration  (lay- 
ing aside  at  present),  all  other  matters  though  of  weighty 
concernments,  to  returne  you  an  answer,  which  wee  are 


*  Rhode  Island  Historical  Society's  Manuscripts,  p  So. 


248 


RECORDS  OK  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  really  sorry  had  not  the  occasion  sooner  to  haue  presented 
you  withall  ;  the  matters  insisted  vpon  in  your  lines  afore- 
said, as  alsoe  in  your  Commissioners  proposalls  now  (and 
not  before)  come  to  our  view,  dated  June  the  3d,  16G8, 
are  such  as  wee  very  much  wonder  at  the  reason  of,  being 
partly  demands,  and  claymcs  of  propriety  in  lands,  and  to 
the  government  of  what  his  Majestic  hath  granted  vnto 
this  jurisdiction  in  his  gracious  Letters  Patents  ;  nor  are 
we  insensible  of  some  hints  by  way  of  threats  in  case  your 
expectations  bee  not  answered,  but  take  noe  more  notice 
of  that,  than  of  a  thing  to  which  this  Colony  haue  been  of- 
ten vsed  by  their  neighbours.  And  therefore  passing  over 
that  part  of  your  addresses,  wee  embrace  your  friendly 
motions  for  a  treaty  by  Commissioners  (at  New  London, 
which  place  you  pleased  to  appoint  for  treaty ing),  and 
seeing  it  is  soe  vnhappily  fallen  out  by  the  abovesaid  acci- 
dent, that  both  the  times  or  moneths  by  you  named  for 
such  treaty  are  elapsed  before  wee  had  any  the  least  hint 
of  the  same,  doe  therefore  reftrr  it  to  yourselues  to  ap- 
point (if  you  please)  the  time  alsoe  for  such  treaty  ;  giue- 
ing  vs  by  the  bearer  hereof  (Mr.  John  Crandall)  notice  in 
your  letters  of  what  day  you  shall  affix  for  that  purpose, 
provided  it  bee  not  within  three  weeks  after  the  date  of 
such  your  letters  ;  and  therevpon  you  may  not  doubt,  but 
to  finde  two  persons  there,  if*  the  Lord  permitt,  sufficient- 
ly impowered  by  vs  to  treat  in  that  behalfe,  at  the  time 
and  place  by  you  soe  appointed  and  notified  as  aforesaid, 
nor  shall  wee  in  meane  time  nor  any  time,  bee  vnmindfull 
of  the  due  regard  wee  are  obliged  to  have  of  the  peace 
and  safety  of  all  his  Majesties  liege  people  within  this  ju- 
risdiction or  King's  Province  ;  being  also  thereto  moved 
by  solemne  addresses  by  way  of  complaint  and  request 
made,  not  only  by  the  native  Indians,  but  alsoe  by  some 
of  your  owne  inhabitants  vnto  our  Governor,  &c,  in  that 
respect.  And  thus  not  to  give  you  further  trouble  at  this 
time,  saue  the  presentation  of  our  cordiall  respects  vnto* 
you,  with  desire  of  at  least  a  signification  by  this  'bearer 


AST)  PROVIBEN'CE  PLLNTATIOXS 


249 


(who  is  sent  on  purpose  by  vs),  that  this  cometh  safe  to  1669. 
your  hands. 

Wee  rest,  much  honored,  and  beloved  gentle- 
men, your  cordiall  and  vnfained  friends, 
the  Generall  Assembly  of  his  Majesties 
Collony  of  Rhode  Island  and  Providence 
Plantations.    Signed  by  their  order, 

Per  me,  JOSEPH  TORRE  Y, 

Clerke  of  the  Assembly. 
Superscribed.  - 
These  to  the  much  honored  the  Generall  Assembly  of 
his  Majesties  Colony  of  Connecticutt,  sitting  at 
Hartford,  and  in  case  the  Assembly  bee  not  in 
being,  then  to  the  much  honored  the  Governor 
and  Councill  of  the  said  Collony.  Present  with 
speed. 

Mr.  John  Crandall  is  chosen  to  be  the  messenger  to 
carry  the  aforesaid  letter  to  Conetticott. 

The  names  and  sums  of  such,  as  for  the  presant,  con-  ■ 


tribute  to  Mr.  John  Crandall,  to  accommodate  him  with  fsTf,^ 
monev  toward  the  vova°re  to  Conetticott. 

C : -Tlicoii. 

The  Deputye  Governor,  five  shillings ;  the  Governor 
and  Mr.  Carpenter,  five  shillings ;  Mr.  William  Harris, 
three  shillings  ;  Mr.  John  Easton,  two  shillings  :  Mr. 
Benjamin  Smith,  one  shilling  ;  Mr.  John  Coggeshall,  two 
shillings,  sixpence  ;  Mr.  "William  Weeden,  two  shillings, 
sixpence  ;  Mr.  John  Briggs,  two  shillings,  sixpence  ;  Mr. 
Edward  Smith,  two  shillings  ;  James  Rogers,  one  shil- 
ling ;  Mr.  Richard  Carder,  two  shillings  :  Mr.  Andrew 
Harris,  one  shilling  ;  Mr.  John  Whipple,  one  shilling ; 
all  to  be  repayed  out  of  the  next  rate. 

Ordered,  that  the  instructions  and  commission  that  isi*™-»^ 

'  pointed  to 

drawne  vp  by  the  Governor,  Capt.  Cranston,  &c,  for  the^^l^ 
persones  that  are  appoynted  and  impowered  to  treat  with 
persons  alike  commissionated  by  Conetticott  is  approved 
of.    •  . 

vol.  ii.  32 


350  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

JOG!).  Tlio  persons  appoynted  arc  Mr.  John  CrandaU  and  Jo- 
■»-*^**/seph  Torrey. 

The  names  and  sums  o£sueh  as  for  the  present  alsoe  lay 
downe  money  to  accommodate  the  messengers  [who  are] 
to  treat  with  Conetticott  Gommissioners,  which  is  also  to 
be  repayed. 

The  Governor,  ten  shillings  ;  Mr.  Carpenter,  five  shil- 
<i^wn"'ror',ti,<! uncs  >  William  Harris,  five  shillings;  Mr.  Joshua 
committee.  Coggeshall,  two  shillings  ;  Mr.  John  Easton,  four  shil- 
lings ;  Mr.  Edward  Smith,  two  shillings  ;  Mr.  Benjamin 
Smith,  two  shillings  ;  Mr.  William  Weeden,  one  shilling  ; 
Mr.  John  Coggeshall,  three  shillings ;  Mr.  Caleb  Carr, 
two  shillings  ;  Mr.  John  Whippell,  one  shilling. 

This  Court  taking  notice  of  the  returne  by  the  Commit- 
tee to  witt  :  Mr.  John  Easton,  Mr.  Benjamin  Smith, 
James  Greene,  Edward  Smith,  Caleb  Carr  and  William 
Weeden,  in  reference  to  the  petition  or  desire  of  the  peo- 
ple inhabiting  at  Musquamacott  and  Pawcatucke  in  the 
King's  Province,  to  be  made  a  towneshipp,  it  being  and 
lying  within  this  jurisdiction,  as  by  his  Majestyes  Letters 
Pattents  it  may  appear,  and  considering  the  power  by  his 
Majestye  given  to  this  Assembly  to  order  and  settle 
townes,  cityes  and  corporations,  within  this  said  jurisdic- 
tion, as  shall  seem  meet ;  and  seeing  there  doth  alsoe  ap- 
peare  good  evidence  of  the  trust  and  good  affection  of  the 
said  people  vnto  his  Majestyes  government  established  in 
this  Collony,  and  being  also  sensibell  that  the  said  inhab- 
itants have  suffered  much  in  vindicating  the  same,  and 
are  a  competent  number  to  carry  on  the  affaires  there,  as 
in  condition  of  a  towneship.  Bee  it  therefore  enacted  by 
this  Assembly,  and  by  the  authority  thereof,  that  the  said 
inhabitants  of  Musquamacott  being  seated,  adjoyning  to 
Pawcatucke,  alias  Narragansett  or  Norrogansitt  river  on 
the  west  part,  and  boundary  of  this  Collony,  and  within 
that  part  thereof  knowne  by  the  name  of  the  King's  Prov- 
ince aforesaid,  to  witt:  Mr.  John  Crandall,  Mr.  Tobias 
Sanders,  and  all  such  others  as  now  are  or  hereafter  shall 


♦ 


AND  PROVIDENCE  PLANTATIONS. 


251 


be  legally  admitted  as  freemen  and  inhabitants  in  the  said  16C9. 
place  called  Musquamacott,  &c,  shall  be  knowne  and  s*-v» 
called  by  the  name  of  Westerly  ;  and  shall  be  reputed  and  ^^cutl 
deemed  the  fifth  towne  of  this  Collony  ;  and  shall  have, Westery- 
vse  and  enjoy  all  such  privilidges,  and  exercise  all  such 
methods  and  formes  for  the  well  ordering  their  towne  af- 
faires as  any  other  towne  in  this  Collony  may  now  vse  and 
exercise  ;  and  they  shall  have  liberty  to  elect  and  send 
two  Deputyes,  to  sitt  and  act  in  the  Genneral  Assemblys 
of  this  Collony  from  time  to  time,  and  are  enjoyned  to 
choose  and  send  to  the  General  Court  of  Trialls,  one  grand 
jury  man,  and  one  for  the  jury  of  trials  from  time  to  time  ; 
and  farther  this  Assembly,  for  their,  the  said  peoples  bet- 
ter governing  themselves,  and  such  as  come  amongst  them, 
and  vntill  his  Majestyes  pleasure  be  farther  knowne,  doe 
recommend  the  care  and  speciall  regard  or  ordering  and 
appoynting  Conservattors  of  the  peace  among  them  vnto 
the  Governor,  Deputye  Governor  and  Assistants  of  this 
Collony,  as  was  by  the  Governor  and  Councill  began  in 
the  year  1G65,  and  hath  been  since  continued,  desiring 
it  may  be  still  ordered  and  by  the  said  justices  renewed, 
and  as  occasion  requires  compleated  and  established,  as 
they  shall  see  meett ;  even  to  erecting  Courts  for  Triall 
of  such  small  matters  as  other  pellicular  Courts  in  this 
Collony  may  doe  in  that  respect. 

In  answer  to  the  petition  of  Elizabeth  Stevens  to  the  Elizabeth 

Stevens 

Court  for  a  divorce  from  Henry  Stevens,  her  husband  :  Petition- 

The  Court  having  duely  heard  and  wayed  the  grounds 
alleaged,  doe  not  as  yett  see  cause  to  grant  a  divorce  ;  but 
notwithstanding,  takeing  notice  of  his  turbelencye  of 
speritt,  which  may  prove  distructive,  doe  leave  the  matter 
to  the  Magistrates,-  to  take  course,  soe  to  order  them  apart 
as  his  Majestyes  peace  be  not  broken  ;  and  this  to  be  vn- 
till farther  order,  hee  haveing  in  Court  formerly  declared 
his  resolution  soe  to  doe. 

Whereas,  there  are  many  acts  and  orders  formerly  made 
concerning  the  excising  of  wine  and  lyckers  in  this  juris- 


252 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  diction,  which  sayd  orders  have  been  in  some  places  layd 
t^k»^>'  aside  or  neglected,  to  the  detriment  of  such  place  or 

Concerning 

ezoiM.  townea  as  by  gennerall  complaint  for  want  of  effects  in  the 
Towne  Treasury  to  defray  the  pnblicke  charge  it  doth  ap- 
pears ;  for  remedyinge  whereof,  be  it  enacted  by  this 
present  Assembly  and  the  authority  thereof,  that  the  fore- 
said lawes  and  orders  for  paying  excise  for  wine  and  lyck- 
ers  be  revised,  reviewed,  ratified  and  confirmed  to  all 
intents  and  purposes  for  the  pertickeler  behoofe  of  each 
Towne  Treasury,  as  formerly,  and  the  same  penalty  to 
continue  for  non  entering,  or  for  concealing  such  wine  and 
lyckers  as  formerly  ;  and  the  penalty  on  such  as  are  to 
make  search,  to  continue  in  case  of  concealing  or  neglect- 
ing their  duty  is  to  be  as  formerly  ;  only  it  is  hearby  en- 
acted, that  whereas,  the  excise  of  lyckers  was  after  the 
rate  of  five  shillings  an  anchor,  in  peage,  six  a  penny  ; 
and  wine  five  shillings  a  quarter  caske,  of  that  pay.  The 
excise  from  henceforth  to  be  payed,  shall  be  after  the  rate 
of  ten  shillings  a  hogshead  for  lyckers,  in  current  pay  of 
this  Collony  ;  and  twelve  pence  the  hogshead  for  entering 
the  same  ;  and  six  pence  the,  barrell,  and  accordingly  for 
any  other  or  greater  quantitye,  except  it  be  not  above  an 
anker  ;  and  for  every  anker  or  lesser  vessell  of  lycker, 
shall  pay  three  pence  a  peece  for  entering  in  the  excise 
office  in  each  towne  and  place  of  this  jurisdiction  or 
King's  Province.  And  the  excise  for  wine  shall  be  from 
henceforth  ten  shillings  a  pipe,  or  twenty  shillings  a  tun  ; 
and  soe  in  proportion  for  any  other  quantitye,  and  shall  pay 
for  entering  twelve  pence  a  pipe,  or  two  shillings  a  tun, 
and  accordingly  ;  for  any  other  quantitye  above  a  quarter 
caske  or  barrell ;  but  for  a  quarter  caske,  barrell  and  any 
other  lesser  vessell  of  wine,  three  pence  a  peece  shall  be 
payd  for  entering  such  barrell  or  smaller  vessell,  and  both 
the  excise  and  the  due  for  entering  such  said  wine  shall 
be  paid  in  current  pay  of  this  Collony  to  the  respective 
Treasurer  and  office  as  aforesaid  ;  and  out  of  the  said 
excise  of  wine  and  lyckers  the  searchers  appoynted  to 


AND  PROVIDENCE  PLANTATIONS. 


253 


looke  after  such  as  come  to  any  their  respective  townes  or  1669. 
places,  if  they  make  search  according  to  former  orders,  *—^v~«* 
shall  have  three  pence  in  currant  pay  to  each  person  for 
such  sayd  quantityes,  as  was  formerly  to  be  sixe  pence  in 
peage,  sixe  a  penny;  and  all  others,  the  orders,  fine 
penaltyes  and  forfitures  made  and  sett  by  the  authoritye  of 
this  Collonye,  not  contradictory  hearunto,  shall  stand  and 
be  in  full  force  in  that  respect,  any  law  or  act  made,  done, 
or  enacted  by  any  other  Court,  towne  or  place  in  this  ju- 
risdiction to  the  contrary  notwithstanding  ;  and  this  order 
to  take  place  and  to  be  observed  and  put  in  vse  from  and 
after  the  first  day  of  August  next  ensuing  the  date  hearof, 
the  date  being  published. 

Mr.  "William  Harris  having  made  friendly  tenders  of 
composing  the  difference  betweene  him  and  Edmund  Cal- 
verlye,  John  Horrod  and  others  concearning,  or  otherwise 
at  or  near  about  a  place  called  Misshantatacke,  and  the 
Court  being  wearied  with  the  incessant  clamours  and  com- 
plaint concerning  the  differance  betweene  Mr.  William 
Harris  and  Edmund  Calverlye,  about  the  lands  at  Mis- 
shantatacke, alias  Paquabacke,  which  have  been  occation 
to  make  a  constant  differance  in  most  Courts  and  publicke 
transactiones  of  this  Collony,  to  the  great  hazarding  the 
priviledges  thereof.  It  is  therefore  ordered  and  enacted 
by  this  present  Assembly,  and  by  the  authority  thereof 
declared,  that  if  the  said  Mr.  William  Harris  and  Edmund 
Calverlye  doe  not  joyntly,  and  vnder  their  hands  in  writ- 
ting,  declare  vnto  Joseph  Torrey,  Gennerall  Recorder, 
that  the  said  difference  is  issued  and  ended  by  their  mu- 
tuall  agreement  before  the  last  day  of  September  next, 
that  then  the  said  Gennerall  Recorder  shall,  vpon  his  great 
perrill,  give  forth,  a  writt  of  execution  vnto  the  Gen'l  Sar- 
gant,  to  serve  against  John  Horrod  or  any  others  with  him, 
keeping  possession  of  the  lands  premised,  or  not  delivering 
vp  the  same  with  cost  and  damage,  in  that  case  found  by 
the  jury  and  judgment  therevpon  entered  at  the  Gennerall 
Trialles  held  for  this  Collony  at  Newport,  March 


254 


RECORDS  OF  TIIK  COLONY  OP  RHODE  ISLAND, 


1GG9.  the  8th,  1GG3  ;   and  this  act  to  take  place  and  bee  in  full 
v^*~v-**-/  force,  any  former  or  other  act  or  acts  had,  done,  or  made, 
to  the  contrary  hearof  in  any  wise  notwithstanding. 

Wee,  whose  names  are  hearvnder  written,  haveing  pe- 
of thacom-  rnsed  the  resonlves,  together  with  the  bill  annexed  thereto 

mitlve  coil-      n    i       r-i  •  ll        •  •  -t  n  n  n 

earning     of  the  Committee  unpowered  in  the  year  IG66,  to  make  in- 

ratcs.  *■  *  ' 

spection  into  the  levie  of  six  hundred  pounds,  made  in  the 
year  lGG4,for  the  defraying  of  the  charges  about  the  Char- 
ter, &c,  doe  nearby  signifie  our  concurrence  therewith,  and 
humbly  offer  it  to  the  present  Assembly,  to  be  of  them 
ratified  and  confirmed  ;  and  that  the  said  Committee  be 
still  im powered  to  prosecute  the  same  to  the  extent  of  their 
power,  formerly  committed  vnto  them  ;  and  in  case  there 
bee  faylure  for  want  of  execution,  by  reason  of  any  default 
in  the  Gennerall  Recorder,  Gennerall  Sargant,  Sargants, 
or  Constables  of  any  towne  or  place,  to  which  the  levie 
belongs,  that  it  be  enacted  by  this  present  Assembly,  that 
the  said  Recorder,  Sargants  or  Constables,  or  either  of 
them  that  shall  be  defective  therein,  shall  be  responsible 
for  such  sume  or  sumes  as  should  have  so  been  levied  by 
them  ;  and  because  it  is  pleaded  that  there  are  severall 
other  debts  due  from  the  Collony  to  the  towne  of  War- 
wick, and  to  severall  other  persones  inhabiting^  in  the 
said  Collony,  it  is  alsoe  humbly  offered  to  this  present 
Assembly  as  a  thinge  both  reasonable  and  just,  that  it  may 
be  enacted  that  such  demands  may  be  audited,  and  their 
accounts  being  stated,  there  may  be  an  effectuall  course 
taken  alsoe  for  the  payment  and  discharging  thereof,  that 
justice  taking  place  vpon  all  accounts,  there  may  be  no 
such  complayning  in  our  streets. 

JOHN  CLARKE, 
WILLIAM  HARRIS, 
JOHN  BRIGGS. 

Which  being  presented  and  read,  was  approved. 
WThereas,  it  doth  appeare  to  this  present  Court,  that  the 
acts  of  the  Gcnerall  Assembly  which  sat  in  October  last 


4 


AND  PROVIDENCE  PLANTATIONS. 


255 


are  not,  as  yet,  placed  on  record,  nor  the  coppies  thereof  1669. 
sent  to  the  severall  townes  under  seale.    It  is  therefore  — 
ordered,  by  this  Court  and  by  the  authority  thereof,  that  cou^acu 
the  present  Recorder  shall  pass  the  former  orders  under corded 
the  seale  of  the  Collony,  distinct  from  this  Assembly's 
acts,  as  alsoe  the  acts  of  this  present  Court  to  the  severall 
townes. 

Ordered,  that  Mr.  John  Clarke  be  requested  to  write  to  John  c  arke 

B  to  write  to 

the  inhabitants  of  the  towne  of  Providence,  to  perswade  Providence, 
them  to  a  peaceable  composure  of  that  vncoinfortable  dif- 
ference that  is  between  them. 

Ordered  by  this  Assembly,  that  if  any  letters  come 
from  Connecticut  to  the  Governor's  hand  that  doth 
concerne  the  Collony,  the  Governor  is  ordered  to  open 
them. 

Ordered,  that  the  Recorder  shall  have  fifteene  shillings 
from  each  towne  for  each  coppie  of  this  Court's  pro- 
ceedings. 


Acts,  Orders  and  Proceedings  of  the  Governor  and  Councill 
of  His  Majestys  Collony  of  Rhode  Island  and  Providence 
Plantations,  held  at  Newport,  May,  1669. 

Benedict  Arnold,  Governor. 

Mr.  John  Clarke,  Deputy  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  William  Harris, 

Mr.  Peleg  Sanford,  Mr.  Thomas  Olney,  Jr., 

Mr.  John  Easton,  Mr.  William  Baulston, 

Mr.  William  Carpenter,       Mr.  Joshua  Coggeshall, 
Mr.  Benjamin  Smith,  Mr.  John  Greene. 


At  a  meeting  of  the  Governor  and  Councill  at  the  towne 


250 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 


16G9.  of  Newport,  May  21,  1GG9,  when  were  present  the  Gov-  ■ 
-^v-*^  ernor,  Deputy  Governor,  Capt.  Cranston,  Mr.  John  Eas- 

ton,  Mr.  William  Carpenter,  Mr.  Wm.  Harris,  Mr.  Thos. 

Olney,  Jun'r,  Mr.   Joshua  Coggeshall,  Mr.  Benjamin 

Smith,  Assistants. 

Mr.  William  Dyre,  Secretary  to  the  Councill,  this  day 

resigned  vp  unto  the  Councill  the  booke  and  papers 

which  belonged  vnto  them,  and  also  the  scale. 

It  is  ordered,  that  the  Councill's  seale,  and  the  booke, 

and  papers  that  belonged  to  the  Councill,  bee  committed 

to  the  keeping  of  the  Deputy  Governor,  untill  further 

order. 

Ordered,  that  Mr.  Jireh  Bull  bee  added  a  conservator  of 
the  peace  in  the  King's  Province,  with  Mr.  Samuell  Wil- 
son at  Petaquomscut ;  and  also  that  Mr.  Richard  Smith 
and  Mr.  Samuell  Dyre,  bee  conservators  of  the  peace  at 
and  about  Narragansett  and  Acquidneesett,  in  the  King's 
Province. 

Ordered,  that  the  Governor  shall  engage  the  abovesaid 
persons  specified,  for  conservators  of  the  peace  in  the 
King's  Province  ;  and  also  to  give  them  their  com- 
mission. 

Ordered,  that  the  Generall  Councill  meet  together  at 
the  towne  of  Newport  the  first  Tuesday  in  every  month, 
about  eight  of  the  clock  in  the  morning,  at  the  house  of 
Captaine  Morrice,  to  agitate,  order  and  transact  in  the 
matters  vnto  them  belonging. 

The  Commission  to  the  Conservators  of  the  Peace  in  the 
King's  Province. 

To  all  persons,  to  whom  these  presents  shall  come, 
greeting  :  Whereas,  by  virtue  of  the  Charter  given  by 
his  sacred  Majesty,  under  the  great  seale  of  England,  to 
this  Collony  of  Rhode  Island  and  Providence  Plantations  ; 
wee  are  chosen  and  engaged  into  the  place  and  places  of 
Governor,  Deputy  Governor  and  Assistants  for  the  ad- 
ministration of  justice  throughout  the  said  Collony,  and  by 


AND  PROVIDENCE  PLANTATIONS. 


257 


a  more  particular  commission  voder  the  hands  and  seales  1669. 
of  his  Majestys  Hon.  Commissioners,  Sir  Robert  Carr,  v^-v-w 
Kt.,  George  Cartwright,  Esq.,  and  Samuell  Maverick, 
Esq.,  wee  are  made  and  appointed  Justices  of  the  Peace 
for  that  part  called  and  distinguished  at  present  from  the 
rest  of  the  Collony  by  the  name  of  the  King's  Province, 
the  extent  whereof  containeth  the  Narragansett  country, 
and  more  particularly  as  it  may  seeme  or  bee  supposed, 
northerly  vpon  the  south  line  of  the  towne  of  Warwick, 
from  east  to  west,  to  the  sea  or  bay  commonly  called  Co- 
hessett  Bay,  and  from  thence  round  about  to  the  south- 
ward and  westward,  confined  to  the  salt  water  to  the 
mouth  of  Pawcatuck,  alias  Narrogansett  river,  where  the 
said  river  falleth  into  the  sea,  and  soe  vp  northerly  to  the 
middle  of  a  ford  in  the  said  river  next  about  Thomas 
Shaw's  house,  and  thence  vpon  a  due  north  line  extending 
towards  the  southerly  line  of  his  Majestys  Collony  of  Mas- 
sachusetts, and  vntill  it  come  in  latitude  of  the  south  line 
of  "Warwick,  aforementioned  ;  the  government  of  which 
said  tract  being  committed  to  our  more  particular  care  and  the  King's 
trust  by  virtue  of  his  Majestys  more  especiall  commands  as  r<"mce 
abovesaid,  to  bee  by  vs  ordered  vntill  his  Majesty's  plea- 
sure bee  further  knowne  in  that  respect,  even  as  we  shall 
finde  best  for  the  peace  and  safety  thereof. 

Know  ye,  that  wee  doe  therefore,  by  these  presents, 
for  the  more  peaceable  and  well-governing  of  all  his  Maj- 
estys liege  people  there  at  present  permitted  to  abide,  or 
that  are  or  shall  bee  there  dwelling,  sojourning  or  abiding, 
&c,  nominate,  constitute,  ordaine  and  authorize  Mr.  John 
Crandall,  and  Mr.  Tobias  Saunders  of  Misquamacott,  alias 
"Westerly  ;  Mr.  Samuell  Wilson  and  Mr.  Jireh  Bull  of 
Petaquamscut ;  Mr.  Richard  Smith  and  Mr.  Samuell 
Dyre  of  Narragansett,  to  bee,  and  jointly  and  severally  to 
exercise  the  power  and  office  of  conservators  of  his  Majes- 
tys peace  throughout  the  tract  of  land  aforesaid,  called  the 
King's  Province,  and  lying  within  this  tract  of  land  granted 
by  his  Majesty  in  his  gracious  Letters  Pattent  vntq  this 
VOL.  II.  33 


258 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  Collony,  as  nbovcsaid  ;  and  wee  doe  alsoe  give  unto  the 
-^~>'~w/ aforenamed  conservators,  and  to  any  three  or  more  of 
them,  power  to  keep  courts  for  the  hearing  and  determin- 
ing controversies  in  matters  actionall  between  party  and 
party  ;  provided,  the  sum  in  controversy  for  debt  or  tres- 
pass, &c,  exceed  not  forty  shillings,  and  such  said  mat- 
ters shall  bee  tryed  by  a  jury  of  six  men  fitly  qualified  ac- 
cording to  the  law  of  this  Collony  ;  who  shall  be  chosen, 
two  at  Misquamacott  or  Westerly,  two  at  Pettaquamscutt, 
and  two  at  Narragansett  or  Acquedneesett,  by  the  free 
inhabitants  sent  to  the  courts  to  attend  that  service,  by  a 
returne  made  vnder  the  hand  of  one  (at  least)  of  the  re- 
spective conservators  of  the  peace  of  that  part  or  place 
where  they  arc  chosen  ;  if  there  bee  a  failure  in  choice,  or 
in  attending,  that  the  court  shall  then  make  up  such  number 
for  jurymen,  from  such  as  are  att  hand  to  bee  had,  to  attend 
that  service  :  always  provided,  if  either  party,  plaintiff  or 
defendant  bee  agrieved  at  the  verdict  in  such  case  or  cases 
given  from  time  to  time,  hee  or  they  may  and  shall  have 
his  or  their  appeale  to  the  Generall  Court  of  Tryalls  held 
from  time  to  time  in  his  Majestys  Collony  of  Rhode  Island 
and  Providence  Plantations  ;  the  said  apealant  or  apeal- 
ants  giving  in  bond  or  security,  returnable  to  the  Generall 
Recorder's  office  in  the  sum  of  four  pounds  sterling  to 
prosecute  his  said  appeale  accordingly  ;  and  any  one  or 
more  of  the  conservators  of  the  peace,  before  whome  the 
case  was  heard,  and  by  whome  it  was  judged,  shall  take 
the  said  bond  or  security,  and  shall  summons  in  the  other 
party  concerned  in  the  case  to  answer  the  said  appeale  at 
*  the  Generall  Court  afore  intended,  and  shall,  at  least 
twenty  dayes  before  such  Court  returne  what  is  soe  done 
therein  unto  the  Generall  Recorder's  office  as  aforesaid, 
under  the  hand  or  hands  of  the  said  conservator  or  conser- 
vators that  act  therein  as  aforesaid.  And  furthermore, 
wee  the  justices  above  said,  doe  by  these  presents  give 
power  unto  the  aforesaid  conservators,  and  to  any  one  or 
more  of  them,  to  graunt  and  give  out  writts  or  attachments 


A.\D  PROVIDENCE  PLANTATIONS. 


259 


in  any  matters  of  greater  concernments,  in  case  the  matter  1GC9. 
requires  haste  for  securing  persons  or  goods  of  any  in  the 
said  Province,  and  binding  them  to  answer  at  the  com- 
plaint at  the  Generall  Court  aforesaid,  according  to  the 
directions,  for  the  manner  and  time  of  legall  processe,  as 
in  the  laws  established  in  this  Collony  is  declared  to  bee 
used.  And  also  the  said  conservators,  or  any  one  or  more 
of  them  are  hereby  authorized  to  graunt,  and  as  need  re- 
quires to  issue  our  warrants,  either  of  hue  and  cry  after 
delinquents  attempting  to  escape  from  justice  ;  and  war- 
rants to  apprehend  any  person  or  persons,  offenders  or 
breakers  of  the  peace,  &c.  ;  and  to  cause  them  to  be 
brought  before  them  the  said  conservators,  or  before  any 
or  either  of  them,  to  bee  examined  or  to  answer  to 'com- 
plaints made  against  such  offenders  from  time  to  time. 
And  if  the  said  conservators  or  either  of  them  see  cause, 
they  may  binde  over  such  to  the  next  Generall  Court  of 
Tryalls,  and  to  the  peace  or  good  abearing  in  the  meane 
time,  and  where  it  shall  appeare  requisite,  to  cause  the 
party  or  parties  to  find  sufficient  sureties  for  perform- 
ance ;  as  alsoe  shall  binde  over  the  accusers  or  complayn- 
ors  to  prosecute  or  give  in  evidence  accordingly.  And 
when  it  shall  happen  that  the  crime  laid  to  the  charge  of 
any  person  bee  such  as  is  not  bailable  by  the  law  ;  or  in 
case  any  refuse  to  give  bond  or  bayle  in  cases  where  bond 
or  bayle  may  bee  taken,  then  and  in  every  such  case,  it 
shall  bee  lawfull  for  the  said  conservators  or  any  one  or 
more  of  them,  to  committ  such  party  or  parties  to  the  Col- 
lony prison,  and  to  binde  over  the  accuser  or  complainor 
to  prosecute  or  give  evidence  accordingly  at  the  Generall 
Court  or  gaol  delivery,  where  such  prisoner  or  prisoner 
are  to  bee  tryed  as  aforesayd.  And  hee  or  they  the  said 
conservator  or  conservators  shall  take  all  the  examinations, 
complaints  and  evidences,  and  other  proceeds  thereupon 
in  writing,  and  returne  them  at  or  before  the  Court  where 
it  is  to  bee  tryed  into  the  Generall  Recorder's  office  as 
aforesaid.    And  to  the  end  that  all  such  writs,  warrants 


2C0 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  or  attachments  may  bee  duly  executed,  wee  doe  hereby 
-^-v-^'  order  and  appoint,  that  the  inhabitants  of  each  respective 
place,  that  is  to  say,  Narragansctt  or  Acquedneesett,  shall 
yearely,  once  in  the  yeare,  elect  and  appoint  one  or  two 
constables  in  each  respective  place,  who  shall  bee  engaged 
before  one  or  both  the  respective  conservators  in  that 
place,  to  the  faithfull  performance  of  their  said  office  or 
offices  aforesaid,  as  constable  or  constables  in  the  said 
Province,  to  serve  any  writt,  warrant  or  attachment, 
granted  by  any  one  or  more  of  the  aforenamed  conserva- 
•  tors,  or  by  any  of  us,  his  Majestys  Justices  of  the  Peace 
is  above  intended,  to  wit :  the  Governor^ Deputy  Gov- 
ernor, or  any  one  or  more  of  the  Assistants  for  the  time 
being  of  this  his  Majestys  Collony  from  time  to  time,  or 
that  shall  come  from  the  Generall  Recorder's  office  for  ar- 
resting or  attaching  any  person  or  goods  in  that  Province  ; 
the  said  writts  or  attachments  being  directed  to  the  Gen- 
erall (Sargent,  and  by  him  assigned  to  bee  served  by  any 
one  of  the  respective  constables  aforepremised  ;  and  in 
case  the  inhabitants  faile  to  choose  constables  as  aforesaid, 
or  in  case  any  soe  chosen  bee  not  at  hand,  or  bee  disabled 
by  any  accident  to  serve  such  warrant,  writ  or  attach- 
ment ;  then  it  shall  be  in  the  power  and  charge  of  any 
one  or  more  of  the  conservators  aforenamed  to  ordaine, 
appoint  and  authorize  a  speciall  constable  or  constables  in 
such  case  from  time  to  time,  either  yearly,  or  as  occasion 
requires,  and  shall  engage  the  said  constable  or  constables 
soe  appointed,  to  the  faithfull  execution  of  their  said  office 
accordingly.  And  further  wee  hereby  require  the  afore- 
named Mr.  John  Crandall,  Mr.  Tobias  Saunders,  Mr. 
Samuell  Wilson,  Mr.  Jireh  Bull,  Mr.  Richard  Smith,  and 
Mr.  Samuell  Dyre,  who  are  hereby  nominated  and  ap- 
pointed conservators  of  the  peace  as  abovesaid,  to  repaire 
unto  the  Governor,  or  in  his  absence,  to  the  Deputy  Gov- 
ernor, vpon  timely  notice  to  that  end  being  given  them, 
at  or  before  the  first  Tuesday  in  July  now  next  ensueing 
the  date  hereof ;  and  before  the  said  justices,  or  either  of 


* 


AND  PROVIDENCE  PLANTATION?.  56i 

thein,  to  give  their  respective  engagements  to  their  said  1669. 
offices,  to  whome  wee  freely  give  full  power  to  require, 
administer   and  receive  the  same  ;    and  the  same  to 
bee  done   before   any  the  conservators  aforesaid  shall 
putt  in  execution  their  respective  office  or  power,  by  vir- 
tue of  this  commission  :  as  alsoe  the  constables  are  as 
aforesaid  to  give  their  engagements  before  any  one  or  more 
of  the  z\id  conservators  that  are  so  engaged,  to  whome 
w^j  give  full  power  to  require,  administer  and  receive  the 
same  ;  and  furthermore,  wee  doe  by  these  presents  give 
power  to  the  said  conservators,  and  to  any  four  or  five 
of  them,  to  appoint  and  order,  settle  and  declare  the  cer 
taine  time  or  times,  place  or  places  for  the  sitting  of  the 
courts  before  mentioned,  for  the  try  all  of  all  such  case  or 
cases,  not  exceeding  forty  shillings  in  any  one  case  as  be- 
fore premised,  that  soe  the  writts  may  have  respect  to 
such  court  or  courts  from  time  to  time,  and  the  plaintiff 
and  defendant  have  notice  thereof  according  as  is  used  in 
this  his  Majestys  Collony  in  matters  of  the  like  nature  ; 
and  to  cause  publication  to  be  made  of  the  same  their  or- 
ders, to  the  inhabitants  of  each  respective  place  in  their 
meetings,  being  assembled  by  warrant  from  the  respective 
conservators,  or  any  one  of  them,  and  notice  given  by  the 
Constable  accordingly.    And  furthermore,  the  aforesaid 
conservators  or  major  part  of  them,  have  by  these  presents 
full  power  given  them  to  nominate  and  appoint  any  one  of 
themselves  or  any  other  person  fitly  qualified,  and  by  them 
or  major  part  of  them  engaged  to  that  office  to  be  their 
Clerke  or  Recorder,  and  to  keepe  true  records  of  their 
transactions  in  courts,  or  what  else  shall  bee  found  requi- 
site to  bee  kept  on  record  of  their  publick  transactions  of 
that  nature  ;  and.  alsoe  to  make  returne  of  such  proceeds 
as  may  bee  requisite  as  abovesaid,  to  bee  returned  into 
the  Generall  Recorder's  office. 

And  furthermore,  it  is  to  bee  observed,  that  each  per- 
son in  the  said  Province,  is  to  enjoy  the  ffree  exercise  of 
his  conscience  in  religious  worship,  as  by  the  Charter  is 


202 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


16d9.  allowed  to  the  whole  Collony.  And  farther  it  is  ordered, 
-^~v-^-  that  each  person  residing  in  the  said  Province,  aged  six- 
teene  yeares  or  upwards,  that  hath  not  yet  given  his  en- 
gagement of  allegiance  unto  his  Majesty,  shall  be  required 
to  give  the  same  before  any  of  the  engaged  conservators 
aforesaid,  who  shall  make  returne  of  their  names  to  the 
General!  Recorders's  office  ;  that  soe  they  that  are  ffree- 
men  may  enjoy  their  privileges  accordingly.  And  further 
wee  doe  order,  that  either  of  the  said  conservators  war- 
rants shall  bee  of  full  force  throughout  every  part  of  the 
said  Province,  to  all  intents  premised  ;  allways  reserving 
and  hereby  ordering  and  declaring  that  any  and  every 
writ  or  warrant,  originall  or  judiciall,  issued  out  by  any  of 
the  Justices  of  the  Peace  or  Generall  Recorder,  either  to 
the  Generall  Sargant  or  other  officer,  shall  bee  obeyed  and 
take  place  in  and  throughout  the  said  Province  to  all  in- 
tents as  well  as  in  any  other  parts  of  this  Collony.  And 
further  it  is  hereby  declared,  that  the  first  conservator  in 
nomination  of  each  respective  place  beforenamed  in  the  said 
Province,  shall  sit  as  Coroner  when  occasion  shall  require, 
to  inquire  by  a  jury  of  twelve  men,  engaged  to  that  purpose, 
concerning  the  casuall  or  violent  death  of  any  of  his  Maj- 
esty's subjects  within  any  the  said  respective  places,  that 
soe  a  true  accompt  may  be  made  thereupon  to  the  Re- 
corder's office,  as  in  other  matters.  And  for  the  better 
minding  and  observing  the  particulars  herein  expressed,  it 
is  ordered,  that  there  bee  three  of  this  same  tenor  and  date 
drawne  vp,  and  the  Councill's  seale  affixed  to  each  of 
them  ;  the  one  whereof  to  bee  for  the  vse  of  Mr.  John 
Crandall  and  Mr.  Tobias  Saunders,  one  for  Mr.  Samuell 
Wilson  and  Mr.  Jireh  Bull,  and  the  other  for  Mr.  Richard 
Smith  and  Mr.  Samuell  Dyre  ;  and  this  order,  commis- 
sion and  directions  to  bee  in  force,  any  former  order  not- 
withstanding ;  and  soe  to  bee  and  remaine  untill  his  Maj- 
estys  pleasure  bee  further  knowne,  or  the  Councill  that  it 
now,  or  that  for  the  time  being  hereafter  shall  bee,  doe 
take  further  order  herein.    Signed  and  given  by  the 


AND  PROVIDENCE  PLANTATIONS.  263 

Councill's  order,  being  mett  at  Xewpo  rt  the  one  and  1669. 
twentieth  day  of  May,  in  the  one  and  twentieth  yeare  of  v-^~^"1^ 
our  sovereign  Lord,  Charles  the  Second,  King  of  England, 
&c,  Anno  Domini,  1669. 

A  meeting  of  the  Governor  and  Councill  held  at  Nevi- 
port,  July  \2th,  1669,  to  consider  of  Letters  lately 
received  from  the  Governor  of  Neiv  Yorke,  which  much 
concern  the  peace  and  safety  of  the  Collony. 

It  is  ordered,  that  there  bee  a  meeting  of  the  Generall  order  for 

the  meeting 

Councill  of  the  Colony,  on  Tuesday,  the  20th  of  this  jfnJ,«.06n°J.'r 
instant  month,  att  the  house  of  Capt.  Richard  Morrice,  inc"'' 
Newport,  and  the  Governor  is  desired  to  giue  notice  there- 
of to  the  Magistrates  of  the  other  townes  that  they  meet 
at  time  and  place  aboue  expressed. 

Whereas,  complaints  hath  been  made,  that  Ninicraft, 
the  Indian  Sachem,  doth  detaine  six  Indians  servants  [be- 
longing] vnto  Mr.  Thomas  Torrey,  of  Block  Island  : 

It  is  ordered,  that  the  said  Ninecraft  bee  sent  vnto,  to 
require  him  to  deliver  them  vp  forthwith,  and  the  Gov- 
ernor is  hereby  desired  to  write  vnto  Mr.  Richard  Smith, 
or  some  other  of  the  Conservators  of  his  Majesties  peace 
in  the  King's  Province,  to  desire  them  to  give  the  said 
Sachem  notice  of  this  Order. 

Letter  from  Francis  Lovelace,  Governor  of  New  York,  to 
the  Governor  of  Rhode  Island. 

Sir :  .This  opportunity  presenting,  I  was  willing  to  give 
you  notice  of  the  apprehension  some  persons  at  that  east 
end  of  Long  Island,  have  of  commotions  like  to  arise  by 
their  Indians  and  yours  of  the  Xarraganset,  sett  on  by 
their  Sachem  Ninecraft,  against  the  English.  A  copy  of 
some  passages  in  a  letter  sent  expresse  from  thence  to 


204 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1669.  nice,  I  hcreincloscd  send  you.  For  my  part,  I  cann  not 
-^■"^•'thinke  them  in  a  condition  strong  enough  to  make  any 
such  bouhl  attempt,  whatsoever  their  will  may  bee  ;  how- 
ever, its  good  to  bee  circumspect,  and  to  prouidc  against 
tlie  worst.  I  shall  desire  you  would  make  enquiry  into 
the  matter,  and  send  mee  your  opinion  of  it  by  the  first. 
It  seems  Ninecraft  hath  beene  an  old  enemy  to  the  Eng- 
lish, so  to  bee  suspected.  Mr.  Thomas  Ferry,  of  Block 
Island,  informs  mee  that  hee  hath  had  six  Indyans  ser- 
vants run  away  from  him,  which  Ninecraft  protects  and 
keepes,  though  none*  of  his  Indians.  I  thinke  you  may  do 
well  to  admonish  him  of  it,  and  that  hee  ought  not  to  doe 
the  least  injury  to  the  English,  under  whose  protection  he 
lines,  without  giving  satisfaction  for  it.  It  may  be  by 
his  answer,  you  may  judge  of  his  intent.  I  have  not  fur- 
ther, but  to  desire  a  neighbourly  and  friendly  correspond- 
ence between  us,  which  shall  be  cherished  upon  all  occa- 
sions, by 

Your  affectionate  friend  and  servant, 

FRANCIS  LOVELACE. 
New  Yorke,  this  5th  July,  1669.* 
To  Mr.  Benedict  Arnold,  Governor  of  Rhode  Island. 


At  a  meeting  of  the  Governor,  Deputy  Governor  and  As- 
sistants, at  Newport,  Tuesday,  July  20th,  1669. 

It  is  ordered,  that  forthwith  a  warrant  bee  issued  out, 
apprXn!"  directed  to  the  Gene  rail  Sargant  of  this  Colony  to  appre- 
xinecraf,.  hend  the  body  &f  the  Illdian  gaciicm  called  Ninicraft, 

and  to  bring  him  speedily  before  the  Governor  and  Coun- 
cill,  at  Newport,  to  answer  such  matters  as  shall  be  ob- 
jected against  him,  touching  a  plot  or  combination  among 
the  Indians  to  cut  of  the  English,  of  which  there  is  infor- 
mation from  divers  parts  of  the  country,  viz.  :  New  Yoke, 


*  From  the  archives  of  tlie  Stntc  of  New  York. 


.•LND  PROVIDENCE  PLANTATIONS. 


265 


and  Conecticot,  of  which  plott,  the  said  Sachem  is  said  to  1G59. 
bee  a  chiefe  contrivor,  and  that  the  said  warrant  bee  v^v-^ 
placed  on  record. 

To  James  Rogers,  Generall  Sargent  for  his  Majesties 
Colony  of  Rhode  Island  and  Providence  Planta- 
tions, kc.  : 

You  are  heerby,  in  his  Majesty's  name  required  to  ap- 
prehend the  body  of  the  Indian  Sachem,  called  Nenicraft, 
residing  at  or  about  Nahanticut,  in  the  King's  Province, 
within  the  jurisdiction  of  this  Colony,  and  to  bring  him 
before  the  Governor  and  Councill  at  Newport,  on  Thursday 
I  next,  at  eight  of  the  clock  in  the  morning,  then  and  there 

to  answer  such  matters  as  shall  bee  objected  against  him 
touching  a  plott  or  combination  among  the  Indians  to  cut 
of  the  English  ;  you  are  alsoe  heerby  impowered  to  re- 
quire the  assistance  of  a  boate  and  two  men  for  your 
transportation  ;  and  alsoe  two  men  and  three  horses  in  the 
King's  Province,  aforesaid,  to  bee  assistant  to  you  in  the 
execution  of  this  warrant. 

Given  under  our  hands  at  Newport,  in  the  said  Colony, 
July  the  20th,  1669. 

BENEDICT  ARNOLD,  Governor, 
JOHN  CLARKE,  Dep'y  Gov'r, 
JOHN  CRANSTON,  Assistant, 
PELEG  SANFORD, 
WM.  HARRIS, 
BENJAMIN  SMITH, 

It  is  ordered,  that  the  Generall  Councill  meet  on  Thurs- 
day next,  at  eight  of  the  clock  in  the  morning,  at  Capt. 
Morrice's  house,  at  Newport. 

vol.  n.  34 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


At  a  meeting  of  the  Governor  and  Councill,  at  Newport, 
Thursday,  July  22,  1669. 

Whereas,  by  reason  of  the  extremity  of  the  weather, 
t'n ™Mbe8" the  warrant  issued  forth  by  the  Governor  and  Assistants, 
!  ap "on  the  20th  instant,  to  apprehend  the  Indian  Sachem 

Nenccrntt. 

called  Ninwraft,  is  not  yet  executed,  it  is  ordered,  that 
the  said  warrant  bee  renewed  ;  and  that  the  Generall  Sar- 
gant  bee  required  to  apprehend  the  said  Sachem,  and  to 
bring  him  before  the  Governor  and  Councill,  on.  Saturday 
next  in  the  morning,  or  as  soon  as  possibly  hee  can  ;  and 
that  the  said  order  to  the  Generall  Serjant  bee  placed  to 
record.  * 

Whereas,  by  reason  of  extremity  of  weather,  this  war- 
rant is  not  yet  executed,  it  is  ordered  by  the  Governor 
and  Councill,  that  it  bee  and  remaine  in  full  force,  and 
is  heerby  renewed,  and  the  Serjeant  is  required  to  bring 
the  said  Sachem  before  the  Governor  and  Councill,  on 
Saturday  next,  in  the  morning,  or  as-  soon  as  possibly  hee- 
can  ;  at  the  place  abouesaid. 

Given  under  our  hands,  this  22d  of  July,  1669. 

BENEDICT  ARNOLD,  Governor, 
JOHN  CLARKE,  Dep'y  Gov'r, 
WM.  BAULSTON,  Assistant, 
JOHN  CRANSTON,  " 
PELEG  SANFORD,  « 
JOHN  E ASTON, 
WM.  HARRIS, 
BENJAMIN  SMITH,  " 

Richard  Baily,  chosen  Secretary  to  the  Councill,  and 

engaged. 

Ordered,  that  the  Governor  bee  desired  to  draw  vp  a 
a  letter  to  bee  sent  to  the  Governor  of  Ply  moth. 


AND  PROVIDENCE  PLANTATIONS. 


Letter  from  the  Governor  of  the  Colony  of  New  Plymouth. 

Sir  :  These  coming  in  safety  to  your  hands,  will  in- 
forme  you  that  whereas,  wee  haue  had  information  of  a  plot 
of  the  Indians  to  cut  of  the  English,  which  wee  doubt  not 
but  you  haue  alsoe  had  the  full  report  of ;  and  wee  haue- 
ing  vsed  indeavors  to  search  out  the  thing,  haue  sent  some 
discreet  persons  ouer  too  see  if  they  could  find  Nenecrafts 
temper  at  this  juncture  ;  and  in  examination  they  received 
indifferent  answears  by  way  of  excusing  himselfe,  and  de- 
nying any  knowledge  of  such  a  plot ;  only  when  hee  was 
asked  why  and  to  what  end,  seauen  of  Phillip  the  Sa- 
chems ancient  men  had  been  with  him  the  said  Nenecraft 
for  nine  or  ten  days,  then  together  ;  some  of  them  being 
of  Phillips's  Councill  hee  gaue  noe  satisfactory  answear  to 
that  point,  but  put  it  of  with  a  laugh,  and  very  slight  re- 
turne  which  gives  vs  some  further  cause  of  suspicion  ; 
and  therefore  haue  sent  for  him  to  be  examined  before  vs, 
and  dealt  with  as  wee  may  finde  cause  therevpon  ;  and 
doe  represent  thus  much  to  your  selues,  that  you  may  if 
you  thinke  fitt,  question  Phillip  of  Mount  Hope,  vpon  the 
premises.  And  whereas,  Major  Mason  writes  that  it  is 
too  apparent  there  is  a  plot  contriving  or  contrived  be- 
tween the  ffrench  and  almost  all  the  Indians  in  the  coun- 
try ;  it  doth  the  more  allarum  vs,  to  take  notice  of  it, 
seeing  such  an  eminent  person  doth  soe  represent  it  ;  and 
doe  intreate  if  any  thing  appeare  to  your  selues,  you  will 
bee  pleased  to  communicate  it  to,  (Sir), 

Tour  affectionate  friends  and  servants, 

RICHARD  BAILY,  Secretary. 

In  the  name  "and  by  the  order  of  the  Governor  and 
Councill  of  the  Colony  of  Rhode  Island  and  Provi- 
dence Plantations. 
To  the  worshipfull  Thomas  Prince,  Esq.,  Governor  of 

New  Plymoth  Colony.    These  with  speede  and  trust, 

for  his  Majesties  speciall  service. 
Newport,  July  22,  3669. 


■jus 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1669.      It  is  ordered,  that  the  Letter  drawne  vp,  bee  sent  to  the 
Governor  of  New  Plymouth. 

Whereas,  Mr.  William  Baulston,  Generall  Assistant, 
hath  informed  the  Governor  and  Councill  that  there  are 
noe  military  officers  chosen  for  the  towne  of  Portsmouth, 
by  reason  of  the  decease  of  the  late  Captain  before  the 
yearc  expired,  the  Councill  doe  agree  to  take  it  into  con- 
sideration at  their  next  meeting. 

The  Councill  adjourned  till  Satterday  next  at  eight  ot 
the  clock  in  the  morning. 

Saturday,  July  24th,  1669,  in  the  morning. 
The  Governor  and  Deputy  Governor  and  Mr.  William 
Harris,  being  mett  according  to  the  adjournment  of  the 
22d  instant,  and  noe  more  of  the  Councill  appearing,  the 
Councill  is  adjourned  till  one  of  the  clock  in  the  after- 
noon. 


Saturday,  July  the  24th,  1669,  in  the  afternoon. 
The   Governor,  Deputy  Governor,    Capt.  Cranston, 
scribed1'  Capt.  Peleg  Sanford  and  Mr.  William  Harris,  being  mett 
caiveriy.    according  to  the  adjournment  in  the  morning,  Mr.  Peleg 
Sanford  delivered  a  letter  to  the  Governor  to  bee  commu- 
nicated to  the  Councill,  dated  July  20th,  1669,  subscribed 
Edmund  Calverly,  which  being  read,  Mr.  Harris  desired 
a  coppy  thereof,  which  was  granted  ;  provided,  hee  would 
leave  a  coppy  of  his  proposalls  vnto  which  the  said  letter 
seems  to  refer  ;  which  hee  did  accordingly.    And  two 
other  papers  relateing  thereto,  the  one  subscribed  Ed- 
mund Calverly,  dated  2d  day  of  July,  1669,  the  other 
subscribed   William   Harris,  dated   the    4th   of  July, 
1669. 

The  Governor  and  Councill,  thinking  it  needfull  that 
Anonierto  some  certaine  place  bee  appointed  to  entertaine  the  Sa- 
terman  to   chem  Ninicraft,  when  the  Serjeant  shall  bring  him  over, 

entcrtaine 

Ninecraft.  it  is  therefore  ordered,  that  the  said  Sachem  and  two  of 
his  followers,  shall  bee  entertained  with  victualls  and 
lodging,  by  Thomas  Watterman,  of  Newport,  for  two  or 


AND  PROVIDENCE  PLANTATIONS. 

three  days  at  the  most  ;  and  that  the  charge  shall  bee 
paid  to  the  said  Thomas  Watterman  out  of  the  Generall 
Treasury  ;  and  a  coppy  of  this  order  shall  bee  the  Ser- 
jeant's warrant  in  that  behalf. 

Mr.  Joshuah  Coggeshall  is  to  haue  notice  from  the  Sec- 
retary, that  the  Councill  are  to  meet  on  Monday  next,  at 
one  of  the  clock,  and  hee  is  desired  to  attend,  and  to  giue 
Mr.  Baulston  notice  thereof,  who  is  desired  to  bee  there 
^.Isoe. 

Th'j  Councill  adjourned  till  Monday  next,  at  one  of  the 
clock,  in  the  afternoone. 

Att  a  meeting  at  Newport,  on  Monday,  July  2Qth,  1669. 

The  Generall  Serjeant  haueing  nott  as  yett  brought 
over  the  Sachem  Ninicraft,  the  Councill  is  adjourned  till 
to  morrow,  being  Tuesday,  at  one  of  the  clock  in  the  af- 
ternoone. 

Att  a  meeting  att  Newport,  July  27th,  1669. 
The  Generall  Serjeant  haueing  not  as  yet  brought  over 
the  Sachem  Nenecraft,  and  the  Councill  not  being  full, 
soe  as  to  proceed  to  other  matters  that  are  before  them, 
the  Councill  is  adjourned  till  to  morrow  six  of  the  clock  in 
the  morning. 


Alt  a  meeting  of  the  Generall  Councill,  viz. :  the  Governor,  ^tilln 
Deputy  Governor,  Capt.  Cranston,  Capt.  Sanford,  Mr.  Councill. 
John  Easton,  Mr.  Wm.  Harris  and  Mr.  Joshua  Cogges- 
hall, at  Newport,  July  2Sth,  1669. 
The  Sachem  Nenecraft  being  brought  before  the  Coun- 
cill, the  Governor  did  require  his  interpreter  to  tell  him, 
the  said  Sachem,  that  there  was  information  to  the  Gov- 
ernor heer,  from  the  Governor  of  New  Yorke  and  Connec- 
ticott,  and  alsoe  from  Major  Mason,  that  the  said  Sachem 
was  contriueing  to  cut  of  all  the  English  ;  and  that  hee, 
the  said  Ninicraft,  had  reported  hee  would  draw  as  many 
Indians  as  hee  could  into  the  combination. 


•JTO 


CEllORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.       To  which  the  said  Sachem  replyed,  hec  desired  to  know 
who  it  was  that  did  fust  raise  such  a  report  of  him. 

The  Governor  ordered  his  interpreter  to  tell  him,  that  it 
was  an  Indian  of  Long  Island  that  did  soe  report  to  the 
Englishmen  at  Southhold  or  thereabouts,  as  the  Governor 
of  New  Yorke  did  intimate  ;  but  that  the  matter  was  not 
soe  much  who  it  Was  that  did  report  it ;  but  the  Governor 
and  Councill,  did  expect  to  heare  what  hee  could  say  for 
himselfe,  as  to  the  matter  laid  to  his  charge,  whither  it 
were  soe,  as  it  is  reported,  or  not. 

To  which  the  said  Sachem  replied  (by  his  interpreter), 
that  the  wondered  there  should  bee  any  such  report  raised, 
considering  his  owne  innocency,  and  that  eversince  himselfe 
heard  the  words  by  the  Commissioners,  spoken  as  from 
King  Charles  his  mouth,  and  hath  since  laid  it  vp  in  his 
heart  that  the  King  did  looke  vpon  himselfe  and  Suc- 
quansh  and  their  Indians  as  his  subjects,  together  with  the 
English  ;  and  said  hee  vnderstood  that  the  English  of  this 
Colony  were  to  help  them,  if  any  should  bee  too  mighty 
for  them,  and  they  to  doe  the  like  to  the  English  if  any 
should  invade  or  make  war  vpon  the  Colony.  To  the 
other  part,  hee  replyed  that  since  you  cannot  informe  mee 
who  raised  this  report,  I  will  tell  you  who  it  wras  ;  it  was 
one  Nonaconapoonog  ;  the  reason  why  hee  did  it  was  this, 
that  in  their  former  warr  with  the  Long  Island  Indians, 
they  haueing  taken  the  daughter  of  the  Sachem  of  Long 
Island  with  divers  more  vpon  condition  that  hee  released  his 
daughter,  that  the  said  Sachem  did  submit  himselfe  vnto 
him,  and  engaged  to  pay  him  yearly  tribute,  even  as  the 
Pequits  did  the  like,  who  paid  tribute  to  the  English,  be- 
ing overcome  of  them  ;  that  the  said  Sachem  and  his 
daughter  being  dead,  the  tribute  hath  not  been  paid  for 
some  yeares  ;  but  lately  the  Long  Island  Indians  sent  him 
as  an  acknowledgment  by  way  of  tribute  fiue  pounds  in 
peague,  at  the  account  of  six  white  peague  per  penny, 
with  a  promise  that  they  would  bee  subject  vnto  him 
for  the  future  ;  and  that  alsoe  at  the  same  time  they  sent 


AND  PROVIDENCE  PLANTATIONS. 


271 


him  as  a  present,  the  barrel!  of  the  deceased  Sachem's  1G69. 
gun  without  either  lock  or  stock  to  it,  and  that  these  ^^-^ 
presents  and  messages  were  sent  vnto  him  by  an  Indian 
called  Manecopunguu  ;  who  alsoe  coming  to  him  a  second 
time  vpon  the  same  message,  the  Sachem  told  him  that 
hee  did  forgiue  them  all  their  offences,  and  gaue  them 
their  Hues  alsoe,  and  would  looke  vpon  them  as  his  friends 
and  subjects  ;  and  that  now  hee  was  makeing  a  great 
dance,  and  if  they  would,  they  might  send  some  women, 
and  some  ancient  men  to  see  it  and  to  hee  partakers  there- 
of;  and  that  now  hee  is  informed  that  Nonaconapoonog  is 
forsaken  of  all  his  kindred,  and  is  in  a  very  sad  condition, 
laving  his  hand  over  his  face  :  and  that  the  said  Xonaco- 
napoonog's  friends  say  vnto  him,  it  is  justly  befallen  him  for 
the  lyes  hee  hath  made,  and  for  his  disturbing  the  coun- 
try ;  and  Ninicraft  in  his  present  dance,  alsoe  telling  him 
that  now  his  condition  was  such,  there  was  noe  place  left 
wher  hee  might  goe  to  secure  himselfe,  for  that  all  peo-? 
pie  that  did  heareof  his  baseness  would  hate  him,  and 
that  hee  desired  to  dye. 

The  Governor  bid  his  interpreter  signiSe  to  him  that 
the  Governor  of  New  York  was  informed  hee  did  detaine 
English  men's  servants,  and  that  hee  kept  six  servants  be- 
longing to  a  man  of  Block  Island,  although  Mr.  Brento^ 
the  late  Governor,  had  sent  twice  to  him  to  deliver  them 
vp,  and  the  present  Governor  once  ;  and  that  hee  would 
not  deliver  them  ;  and  therefore,  notwithstanding  his  af- 
firmation, yet  it  did  not  seeme  that  hee  had  such  regard 
as  hee  said  hee  had  to  the  King's  words. 

To  which  hee  replyed  that  hee  had  had  a  great  deal  of 
trouble  about  these  servants,  and  that  hee  did  receive  an 
order  about  them  from  Mr.  Brenton  in  the  winter  time, 
when  the  snow  was  knee  deep  ;  and  that  then  hee  did 
send  out  to  looke,  but  could  not  finde  them,  and  that  hee 
did  order  them  oftentimes  to  return  to  their  master  ;  but 
they  did  run  away,  some  to  Connecticott,  and  some  to  the 
Massachusetts.    That  Thomas  Torrey  had  done  very  badly 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


669.  with  him  in  the  business,  and  caused  him  a  greate  dcale 
•~v~wof  trouble  ;  that  once  an  old  man,  one  of  his  Indians,  did 
complain  to  him  that  Thomas  Torrey  had  taken  two  chil- 
dren out  of  his  house  by  force,  which  were  now  growne 
young  men,  and  were  two  of  the  six  that  Thomas  Torrey 
did  now  demand  ;  and  that  hec  did  advise  the  said  Indian 
to  complaine  to  the  Governor  against  him  ;  that  hee 
might  heare  them  both  ;  further,  hee  saith  that  yesterday 
hee  met  one  of  the  four  Indians  that  were  brought  to 
Thomas  Torrey  vpon  Quononicutt,  and  did  intend  to  haue 
brought  him  over  with  him,  and  did  bring  him  some  part  of 
the  way  ;  but  hee  run  from  him,  and  that  hee  would  haue 
had  the  English  there  to  haue  gott  on  horseback  and  rid 
after  him,  but  they  said  it  was  noe  matter.  Hee  alsoc 
said  if  Thomas  Torrey  had  not  intended  to  haue  taken 
away  my  life,  hee  might  as  well  haue  informed  you  that  I 
being  at  a  dance  on  Block  Island  about  three  or  four 
yeares  since,  I  seeing  a  servant  of  his  there,  sent  him 
home  to  him,  to  his  house  ;  but  the  next  morning  the  said 
servant  came  again,  and  I  sent  him  to  his  house  againe  ; 
and  hee  returning,  I  sent  him  back  again  the  third  time. 
This  I  believe  he  did  not  acquaint  you  with,  although 
there  are  severall  witnesses  that  can  testifie  to  the  truth 
thereof. 

The  Governor  bid  his  interpreter  to  ask  him,  if  there 
were  noe  plot  among  the  Indians,  what  did  seuen  of  Phil- 
lip, the  Sachem  of  Mount  Hope's  ancient  men  doe  with 
him  ten  days  together. 

Hee  says  hee  sent  for  two  Indians  named  Cajawottore,  a 
Narragansett  Indian,  that  now  Hues  atPocasset,  and  Nat- 
tawhahore,  formerly  a  Cononicut  Indian,  now  at  Pocasset, 
because  hee  knew  they  were  formerly  his  Indians,  and  had 
skill  to  bark  cedar  trees  and  to  make  bark  houses,  which 
his  men  had  not  good  skill  in,  and  that  they  had  gott  the 
barks,  but  being  disturbed  by  these  troubles  had  not  vsed 
them. 

And  that  another  Tndian  named  Pumeeheoamuck,  a  bold 


AND  PROVIDENCE  PLANTATIONS. 


273 


fellow,  that  liued  formerly  on  Rhode  Island,  now  abone  1669. 
Puncatusett,  came  to  complain  to  him  against  one  of  his  ^-v-*^, 
Indians,  that  had  taken  a  white  blankett  from  him  and 
spent  it  in  drink  ;  and  that  two  young  men  came  with 
him  to  see  the  dance  ;  and  alsoe  saith  that  there  was 
never  a  Mount  Hope  Indian  there  ;  but  that  Phillip  did  send 
to  Cocumscusett  for  an  old  man  to  teach  or  informe  his  men 
in  a  certaine  dance,  and  hee  wonders  that  it  is  not  taken 
for  a  plot. 

Hee  being  demanded  what  was  the  reason  of  this  great 
dance,  replyed  ;  it  is  knowne  to  you  it  is  noe  vnusuall 
thing  for  vs  soe  to  doe  ;  but  that  it  is  often  vsed  from  the 
time  after  the  weeding  of  our  corne  till  such  time  as  wee 
doe  eat  of  it  ;  and  farther  said  it  was  a  kind  of  invocation 
vsed  among  them,  that  they  might  haue  a  plentifull  harvest. 

The  Governor  did  further  advise  him  that  if  the  Long 
Island  Indians  would  pay  him  his  tribute  freely,  it  would 
bee  well  ;  but  if  they  should  refuse,  and  hee  should  goe 
to  take  any  thing  from  them  by  force,  it  would  bee  as 
much  as  his  life  was  worth  ;  it  being  under  the  govern- 
ment of  Xew  Yorke  ;  which  advice  hee  ingaged  to  follow 
and  obserue,  as  hee  had  allready  done  in  the  time  of  Gov- 
ernor Xicolls. 

The  Councill  adjourned  till  four  of  the  clock  in  the  af- 
ternoon, to  give  way  for  the  Quarter  Meeting. 

The  Governor  and  Councill  hairing  been  lon^  in  the 0r<1e- fir 

.  0  another  ap- 

consideration  of  the  weighty  affaires  relateing  to  the  sev- y  *e*"aetof 
erall  feares  and  jealousies  of  the  neighbor  Colonies,  as  to 
the  plot  of  the  Indians  against  the  English,  and  haueing 
allready  spent  much  time  and  paines  in  the  examination 
of  Ninicraft,  j;et  being  desirous  of  all  farther  information 
that  may  bee,  haue  therefore  ordered,  that  hee  shall  ap- 
peare  before  the  Governor  and  Councill  on  the  last 
Wednesday  in  August  next,  at  Newport,  or  sooner  if  any 
thing  shall  bee  objected  against  him  ;  and  that  notice 
heerof  bee  sent  vnto  the  Honored  the  Governor  of  Xew 
Yorke  and  Conecticot,  signifying  vnto  them,  that  the  said 
vol.  u.  8n 


274 


RBI  OUUS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  Sachem  hath  been  examined,  and  the  time  and  place  ap- 
^-~v~^  pointed  for  his  appearance,  that  soe  if  any  thing  can  bee 
laid  to  his  charge  in  this  behalfe,.  hee  may  then  bee  fur- 
ther examined  and  brought  to  answer  at  the  next  General! 
Court  of  Tryalls,  to  bee  held  for  the  Colony,  by  due  pro- 
cess of  law. 

The  Sachem  Ninicraft  being  made  acquainted  with  this 
order,  hath  ingaged  that  hee  will  appearc  at  the  time  and 
place  aboue  expressed. 

The  Governor  is  desired  by  the  Councill  to  draw  vp 
the  letters  to  the  said  Governors  of  New  Yorke  and 
Conecticott. 

The  Councill  adjourned  to  the  last  Wednesday  in.  Au- 
gust next. 

The  Letter  to  the  Governor  and  Councill  of  Conneclicott* 
dated  July  28th,  1669. 

Honored  and  beloved  Gent.  :  Yours  of  the  8th  instant 
Lett-rto  the  coming  to  the  Governor's  hand  the  17th  of  the  same,  hath 

Governor 

an.i  counciii  ])cen  communicated  vnto  vs  :  and  wee  haue  therein  ob- 

of  Cornell-  7 

cut  serued  your  loving  expressions  and  prudent  care  of  the 
peace  and  safety  of  the  country  ;  hauing  receiued  a  letter 
before  yours  came  to  hand,  of  like  intimations  from  the  Hon- 
orable Coll.  Lovelace,  Governor  of  New  Yorke,  and  ha,d 
therevpon  sent  some  discreet  persons  to  Nenecraft  to  ex- 
amine him  and  to  obserue  his  behaviour  and  temper  :  as 
alsoe  hee  had  been  sent  for  by  the  Conservators  of  the 
Peace  by  vs  appointed  at  Misquamacock  ;  and  had  been 
by  them  examined  concerning  the  reports  of  a  plot  in 
which  he  was  charged  to  bee  chief  in  contriueing  to  cut  of 
the  English  ;  in  both  which  examinations  Jb.ee  vtterfy  de- 
nycd  any  knowledg  of  such  a  plot ;  affirming  hee  was  soe 
farr  from  haucing  any  intercourse  with  the  ffrench,  that  hee 
knew  not  in  what  part  of  the  earth  they  liued,  and  that 
hee  had  quarrells  with  the  Mosquaugsett.  And  gave  faire 
and  reasonable  answers,  to  the  particulars  charged  against 
him,  as  both  the  one  and  the  others,  that  at  the  several 


AND  PROVIDENCE  PLANTATIONS. 


275 


times  and  places  aforesaid  had  examined  him  did  affirm.  1C69. 
Only  in  one  particular,  that  those  wee  sent  asked  him  a'^^* 
reason  of,  which  Was  to  what  end  some  of  the  auntient 
Indians,  belonging  to  Phiiiip,  the  Sachem  of  Mount 
Hope,  had  been  with  him  nine  ur  ten  dayes  then  togeth- 
er ;  his  answer  was  not  sattisfactorey  ;  they  vnderstand- 
in^  that  hee  said  thev  came  for  cedar  bark  to  cover 
wigwams,  which  thcv  thought  was  very  vnlikely ;  they 
haiieim*  greater  store  thereof  at  home  ;  this  passage  com* 
ing  together  with  your  letters,  to  our  view,  and  more  par- 
ticularly haueing  the  pervsall  of  some  lines  written  by 
Majour  Mason  concerning  the  plott  against  the  English, 
bv  the  ffreneh  and  allmost  all  the  Indians  in  the  country, 
wherein  hee  vseth  these  expressions,  viz.:  the  truth  is, 
this  matter  has  been  acting  this  two  or  three  yeares  (tis 
too  apparent),  soe  that  its  high  time  to  wake  out  of  our 
security,  and  to  bee  vp  and  doing,  &e.  This  passage 
coming  from  soe  eminent  a  person,  gaue  vs  grounds  of 
further  suspition  ;  and  thereupon  resolued  to  send  for 
Xenecraft,  to  come  before  the  Councill  here  at  Newport, 
to  bee  more  strictly  examined  concerning  the  premises  ; 
and  to  that  end  gaue  out  our  warrant  to  the  SheritFe  to 
fetch  him  in,  who  accordingly  brought  and  presented  him 
here  before  vs  this  present  day  ;  and  hee  hath  beene  ex- 
amined vpon  the  severall  particulars  charged  against  him 
by  the  Long  Island  Indian  accusers.  Hee  gaue  answer  to 
divers  particular  [cmestions],  according  to  the  answars  hee 
had  giueu  in  his  abouementioned  examinations  ;  and  hee 
haueing  the  help  of  such,  as  better  vnderstand  the  Indian 
language  than  the  former  messengers,  found  out  the  mistake 
in  that  passage  of  the  Indians  that  were  with  him  ;  for 
hee  said  they  had  -bin  gathering  bark  for  him  to  cover  a 
new  wigwaum  ;  and  that  they  being  formerly  his  men, 
and  skilled  in  that  work,  and  being  removed  into 
some  parts  of  Phillip's  precincts,  hee  sent  for  them,  being 
two,  and  named  Cajawattoe  and  Xattawhahoe,  to  come 
and  help  him  in  that  business  of  barking  cedar  trees,  and 


276 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  that  they  hadd  one  accordingly  ;  though  hee  hath  bene  soe 
disturbed  by  the  late  examinations,  that  hee  bath  not  yet 
made  vsc  of  them.  Srie  that  point  is  cleared,  and  the  mis- 
take arose  by  misvnderstanding  li is  speech.  And  further 
hee  saith  there  came  one  more  of  the  Indians  of  the  parts 
aforesaid,  a  bald  pated  fellow,  that's  named  Pumechoeo- 
muek  at  some  time  to  complaine  that  one  of  his  the  said 
Ninicraft's  men,  had  taken  a  white  blanket!  from  him  and 
spent  it  in  drinke  ;  as  alsoe  wit  If  the  aforesaid  came  two 
young  fellows  to  see  his  dance,  as  vsually  the  Indians 
doe,  and  said  the  aforesaid  were  all  that  came  from  the 
parts  abouementioned,  and  vpon  noe  other  occasions  than 
as  aforesaid.  As  to  his  being  charged  to  haue  received 
two  or  three  hundred  fathoms  of  peague  of  Meontaskctt 
Indians,  from  Long  Island,  hee  saith  it  is  as  to  the  quan- 
tity, a  most  false  report.  Only  doth  acknowledge  that 
the  Sachem  of  those  Indians  being  dead,  and  being  for- 
merly tributary  to  him  the  said  Nenecraft,  they  sent  over 
to  desire  hee  would  bee  friendly  to  them,  and  pass  by  their 
neglect  of  paying  tribute  these  late  yeares,  promising  to 
pay  for  time  to  come  from  time  to  time  ;  and  for  a  token 
of  their  reality  sent  one  of  their  chiefe  men  named  Moni- 
gapungan  to  intercede  for  them,  and  by  him  sent  twenty 
fathom  of  peague,  or  the  value  of  fine  pound,  according  to 
the  white  peagues  to  the  penny  ;  and  a  barrell  of  a  smali 
gun,  without  lock  or  stock,  being  a  relique  of  their  de- 
ceased sachems  ;  and  that  vpon  the  receit  of  the  promises 
hee  pardoned  their  past  neglect,  they  promising  amend- 
ment for  the  future,  and  soe  dismissed  them  ;  and  that  this 
is  all  that  hath  been  transacted.  Vpon  which  hee  saith  his 
malicious  enemies  amongst  the  Indians,  haue  tooke  occa- 
sion to  raise  such  horrible  lyes  against  him  ;  and  doth 
confidently  avouch  his  owne  innocency,  as  not  intending 
any  the  least  hurt  to  any  of  the  English  ;  but  looks  on 
himselfe  as  a  subject  to  the  King  of  England,  whose  com- 
mands delivered  him  by  his  Majesties  Commissioners  to 
bee  faithful]  to  all  his  Majesties  subjects  in  these  parts  of 


AND  PROVIDENCE  PLANTATIONS. 


0 
—  I 


the  world,  fire  rooted  in  his  heart,  and  shall  be  carefully  1669. 
observed  while  hee  Hues  ;  and  hopeth  hee  shall  as  was  >^-^-^ 
promised  him,  receive  noe  wrcng  from  the  English  ;  but 
helpe  in  case  hee  bee  oppressed  by  his  enemies.  And  as 
to  his  present  making  a  great  dance,  hee  answered  it  was- 
knowne  to  as,  that  it  was  noe  vnusuall  practice  ;  it  being 
their  manner  of  invocation  in  the  time  of  the  growing  of 
their  corne,  vntill  it  was  neere  riped,  that  they  might  fie* 
ceive  a  plentifull  harvest  ;  and  saith  hee  hath  noe  other 
designe  in  it,  &c.  And  thus  haueing  in  many  expressions 
(too  large  to  incert  heere),  endeavoured  to  cleere  himselfe, 
wee  saw  noe  just  grounds  of  jealousie  as  to  his  intentions  ; 
yetj  considering  the  English  are  soe  sencible  as  it  seemes 
in  other  parts,  of  some  plott,  and  especially  seeing  Major 
Mason's  confidence  thereof,  wee  haue  appointed  to  exam- 
ine him  againe,  concerning  the  premises,  vpon  the  last 
Wednesday  in  August  now  next  ensuing,  and  haue  re- 
solued  then,  to  meete  againe  heere,  at  Newport.  Aud 
thought  good  hereby  to  giue  you  notice  thereof,  to  the 
end,  that  if  any  evidence  appeare  to  your  selues,  that  may 
help  to  make  out  the  charge  against  him  the  said  Xene- 
craft,  you  may.  in  such  way  as  you  thinke  most  effectuall, 
communicate  the  same,  at  or  before  that  time  vnto  vs, 
that  soe  wee  may  bee  enabled  to  discover  the  truth  of  the 
matter,  and  accordingly  proceed  ;  ffor  if  wee  see  grounds 
to  thinke  him  guilty,  wee  shall  take  a  due  course  of  law 
(seeing  hee  is  living  within  our  jurisdiction),  to  prosecute 
him  at  our  Generall  Court  of  Tryalls,  held  at  Newport,  in 
October  next  ;  at  which  time  and  place,  any  that  can  giue 
evidence  against  him  shall  bee  heard,  and  judgment  passed 
therevpon.  And  further,  wee  haue  determined  that  al- 
though the  said  last  Wednesday  in  August,  shall  stand  for 
a  fixed  time  for  his  further  examination  abouesaid  ;  yet 
alsoe,  if  in  the  meane  time  any  thing  appeare  by  way  of 
information  of  present  danger  wee  shall  not  bee  wanting 
to  search  out  the  matter  by  examination,  and  other  fitting 
meanes,  that  may  conduce  to  the  peace  and  safety  of  the 


278 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GG9.  country;  from  time  to  time  hnueing  allready  taken  much 
puines,  and  spent  much  time  to  that  eml  and  purpose. 
Wee  being  in  as  great  or  greater  danger  than  most  others 
are  in  case  of  their  rising  and  resolution  to  doc  mischiefc. 
And  thus  much  wee  think  it  our  dntv  to  informe  vou  of, 
beeing  our  honored  and  beloued  countrymen,  witliall  re- 
turning our  hearty  thanks  for  your  loucing  intimations  to 
vs,  which  could  not  bee  more  cordially  presented  than  they 
are  candidly  accepted  by  vs, 

Postscript.  Honored  Gentlemen  :  Wee  haue  ordered  a 
letter  to  bee  sent  presently  to  New  Yorke,  to  the  Hon- 
orable Governor  there,  much  to  the  same  effect  by  way  of 
information,  as  this  is  to  your  selues,  with  desire  of  infor- 
mation, thence  valete. 

Your  very  loving  friends  and  neighbours, 
the  Governor  and  Councill  of  his  Maj- 
esties Colony  of  Rhode  Island  and 
Providence  Plantations,  &c.  Signed 
by        RICHARD  BAILY,  Secretary, 
in  the  name  and  by  order  of 
the  said  Councill. 
These,  to  the  right  worshipfull  John  Winthrop, 
Esq.,  Governor  of  his  Majesties  Colony  of  Co- 
necticott,  to  bee  communicated  to  the  Councill 
of  the  said  Colony.    Present  with  trust  and 
speed,  for  his  Majesties  speciall  service. 
The  severall  proceedings  of  the  Councill  from  the  12th 
of  July,  16G9,  to  this  place,  hath  been  compared 
with  the  originall  papers,  and  found  true,  as 

Attests,  JOHN  CLARKE. 

Governor  Lovelace  of  New  York  to  the  Governor  of  Rhode 

Island. 

For  the  honorable  Mr.   Benedict  Arnold,  Governor,  <fcc.,  of  Khode 
Island.    The  s-; : 

Sir  :  I  received  your  letter  of  the  I9:h  of  July,  1G69.  in  answer  tomyne,  for 
Thich  I  nrasf  render  you  my  most  particular  thankes  for  those  ciuilitirs  you 


AND  PllOVIDENCil  PLANTATIONS.  279 

•ere  pleased  to  afford  mo  in  your  freindly  expressions  ;  next  I  canuot  but  kindly  1669. 
resent  that  care  you  haue  showue  in  setting  the  myndes  of  some  oucr  credulous  ^ 
persons  amongst  us  (who  being  possest  with  a  panick  feare).  were  apt  to  enter- 
taine  very  meiancholly  thoughts  according  as  they  were  instilled  by  the  intel- 
ligence and  informations  of  some  fond  Indians  to  the  great  disturbance  of  the 
publique  peace  ;  and  by  it  animating  the  heathens,  who  taking  courage  from 
our  feare.  might  be  apt  to  breake  forth  into  extravagances  not  to  be  redrest 
without  a  warre.  and  all  the  mi  serves  attending  it ;  but  those  apprehensions 
are  now  vanisht,  and  mens  myndes  by  the  reason  of  your  excellent  lettre  well 
paciiied  and  settled,  neither  do  I  believe  they  will  too  hastily  againe  giue  credence 
to  the  information  of  a  faithlesse  aud  false  generation.  All  that  I  shall  fur- 
ther add  and  heartily  desire  for  the  future  is.  that  this  friendly  and  neighbourly 
correspondence  which  by  this  occasion  hath  had  its  first  rise  may  by  the  same 
zeale  and  kindnesse  be  continued,  to  which  we  are  not  only  obligated  by  the 
common  tyes  of  xpianity,  but  common  safety  aud  the  happinesse  promised  to 
all  brethren  living  in  love  and  unity  together,  which  as  none  shall  be  ready  to 
cherish  it  more  than  my  selfe.  As  to  the  geuerall,  I  shall  not  be  wanting  to 
embrace  all  occasions  to  demonstrate  the  sincere  service  I  have  to  your  par- 
ticular in  the  compellation  of 

Your  affectionate  friend  and  servant, 

FRAN.  LOCELACE. 

Fort  James,  in  New  Yorke,  Aug.  24th,  1CC9. 

Sir  :  Upon  the  apprehension  of  three  fugitive  souldiers,  but  since  voluntari- 
ly returned,  I  am  to  request  of  you  if  any  such  suspitious  persons  for  the  fn. 
ture  ariue  [in]  your  parts  from  heuce  and  bring  no  passes,  that  you  cause  them 
to  be  apprehended,  and  be  pleased  to  giue  me  advertisement  of  it. 

Wednesday,  August  18th,  1G69,  in  the  forenoons. 
The  Governor,  Deputy  Governor  and  Mr.  John  Easton,  Ti,e  Indian 

.  Sawagonet. 

being  raett  at  Newport,  according  to  the  appointment  of 
the  Governor,  Deputy  Governor  and  Assistants  of  New- 
port, for  assembling  the  Generall  Councill  vpon  an  extra- 
ordinary occasion,  relateing  toan  Indian  named  Shawaw- 
gonoush,  who  refused  to  obey  a  warrant  from  the  Governor, 
Deputy  Governor,  Capt.  Cranston  and  Mr.  Peleg  Sanford, 
to  answar  certaine  complaints,  made  against  him. 

The  Generall  Assistants  of  the  other  townes  not  being 
present,  the  Councill  is  adjourned  till  to  morrow  morning, 
eight  of  the  clock. 

Thursday,  August  19th,  1669. 
Att  a  meeting  of  the  Generall  Councill,  the  Governor, 
Deputy  Governor,  Capt.  Cranston,  Mr.  Peleg  Sanford, 
Mr.  John  Easton,  Mr.  William  Carpenter,  Mr.  William 


280 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Harris,  Mr.  William  Baulston  and  Mr.  Benjamin  Smith, 
being  present. 

The  examination  of  Mr.  John  Bach,  concerning  the 
broyle  between  the  English,  and  one  Shawgonctt  and  other 
Indians,  was  taken  in  Councill. 

The  Councill  adjourned  till  halfe  an  houre  after  one  of 
the  cloek. 

Thursday,  August  19th,  1GG9,  in  the  qfternoone. 

Att  a  meeting  of  the  Generall  Councill,  there  being 
present  the  Governor,  Deputy  Governor,  Capt.  Cranston, 
Mr.  Peleg  Sanford,  Mr.  John  Eastern,  Mr.  William  Car- 
penter, Mr.  William  Harris  Mr.  William  Baulston,  Mr. 
Benjamin  Smith,  and  Mr.  John  Greene. 

The  Councill  haueing  spent  much  time  and  paines,  in 
the  consideration  of  the  present  affaire,  and  haueing  the 
peace  of  the  Colony  before  them,  in  a  very  high  respect, 
and  considering  that  Nenecraft  is  engaged  to  appeare  be- 
fore the  Councill  on  Wednesday  next,  at  Newport,  it  is 
further  ordered,  that  both  Suckquansh  and  Nenecraft  bee 
desired  and  recpuired  to  appeare  before  the  Councill  on 
Wednesday  next,  at  Newport,  accordingly  ;  that  soe  they 
may  both  of  them  giue  satisfaction  to  the  Councill,  touch- 
ing the  allarum  of  the  country  vpon  the  suspition  of  the 
Indians  plotting  to  cut  of  the  English  ;  and  Mr.  Samuel  1 
Wilson,  Mr.  Jireh  Bull,  and  Mr.  Josiah  Arnold  are  desired 
and  impowered^to  acquaint  the  said  Sachems  with  this  or- 
der of  the  Councill  with  all  convenient  speede. 

There  being  a  motion  of  the  Secretary  that  some  mem- 
orde-ror    ber  of  the  Councill  may  examine  the  orders  and  proceed- 

the  Deputy  "  l 

thea'Sand *n6s  °f  ^ne  Councill  as  they  are  placed  vpon  record,  by 
codue.ircufthe the  orginall  papers;  the  Deputy  Governor  is  desired  by 
the  Councill,  to  take  the  care  thereof  vpon  him. 
The  Councill  dissolved. 

The  acts  of  this  Councill,  compared  with  the  originall 
papers,  and  found  true. 

Witness,  JOHN  CLARKE. 


AND  PROVIDENCE  PLANTATIONS. 


281 


1GG9. 

Alt  a  meeting  of  the  Governor,  Deputy  Governor,  Mr. 

John  Easton  and  Mr.  William  Harris,  at  Newport,  on 

the  last  Wednesday  in  August,  1G69. 

The  Indian  Sachems  not  being  come  over,  the  Councill 
is  adjourned  till  to  morrow  morning,  at  eight  X>t  the 
clock. 

Att  a  meeting  of  the  Generall  Councill,  at  Newport,  on 
Thursday,  August  26,  1669.    The  Governor,  Deputy 
Gouernor,  Capt.  "John  Cranston,  Mr.  Pehg  Sanford; 
Mr.  John  Easton,  Mr.  William  Harris,  Mr.  Thomas 
Olney  and  Mr.  William  Baulston,  being  present. 
The  Sachems  Quisuekquansh  and  Nenecraft,  being  be- ^Jto t  ihe 
fore  the  Councill,  the  Governor  bid  their  interpreters  tell Counc,J- 
them,  that  Thomas  fllounders  not  being  come  over,  the 
Councill  could  not  proceed  to  examine  that  business,  but 
that  they  had  now  sent  for  him,  and  that  the  Council! 
were  not  willing  to  proceed  to  the  matter  they  spoke  with 
Nenecraft  about  flue  weeks  agoe,  vntill  they  had  heard  this 
last  business  at  Narragansett  ;  and  that  if  this  vnhappy 
business  had  not  fallen  out,  the  Councill  could  presently 
haue  dispatched  the  other  business  with  Nenecraft ;  and 
one  reason  why  the  Councill  had  sent  for  them  now,  was 
that  they  might  see  and  heare  the  examination  of  the  last 
matter,  that  soe  they  might  bee  sattisfied  of  the  justice  of 
the  proceedings.    The  Governor  bid  the  interpreter  to  tell 
them  they  might  withdraw,  and  when  the  Councill  were 
ready  to  proceed,  they  would  send  for  them. 

The  Councill  takeing  into  consideration  an  information  Military  pn 

°  fleers  at 

formerly  given  vnto  them  by  Mr.  William  Baulston,  Gen- lo,t3"outh- 
crall  Assistant,  that  there  are  noe  military  officers  chosen 
for  the  towne  of  Portsmouth,  by  reason  of  the  decease  of 
the  late  Captaine  ;  and  alsoe  foreseeing  of  what  conse- 
quence it  is,  that  prouision  bee  forthwith  made  in  that  be- 
halfe,  especially  considering  the  present  fears  of  the 
vol.  ii.  36 


282  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1069.  country  ;  doc  therefore  order  and  ordaine,  that  the  said 
Mr.  William  Baulston,  Assistant,  bee  heerby  required  and 
authorized  to  issue  out  warrants  vnder  his  hand,  directed 
unto  such  person  or  persons  as  hee  shall  thinkc  fitt,  to 
warne  in  all  persons  of  the  towne  of  Portsmouth,  that  are 
capable  to  vote  in  the  election  of  military  officers,  to  ap- 
peare  at  the  vsuall  place  in  the  said  towne,  on  the  first 
Munday  in  September  next,  at  nine  of  the  clock  in  the 
morning,  then  and  there  to  make  choice  of  their  said  offi- 
cers accordingly  ;  and  Mr.  Baulston  is  alsoe  desired  to 
signifie  vnto  the  said  towne,  that  the  Councill  doe  hope 
and  expect  they  will  proceed  to  the  said  choice,  or  other- 
wayes  they  will  force  the  Councill  to  impose  officers  vpon 
them,  which  they  earnestly  desire  they  may  not  bee  con- 
strained to  doe  :  and  a  copy  of  this  order  vnder  the  seale 
of  the  Councill  shall  bee  Mr.  Baulston's  warrant  in  this 
behalfe. 

The  Councill  adjourned  till  two  of  the  clock  in  the 

afternoone. 

Att  a  meeting  in  the  afternoone,  the  Governor,  Deputy  Gov- 
ernor, Capt.  Cranston,  Mr.  William  Harris,  Mr.  Thos. 
Olney  and  Mr.  William  Baulston,  present. 
The  Councill  being  sencible  of  the  present  fears,  occa- 
o-a-rfor    sioned  by  the  report  of  the  combination  of  the  Indians 
thu  colon/  against  the  English,  and  seeing  it  necessary  to  put  the  Colo- 

lo  a  posltyre    °  c  °  j  l 

or detence.  ny  {n  aposture  of  defence,  doe  therefore  heerby  recommend 
itto  the  care  of  each  respective  Towne  Councill  in  the  Colo- 
ny, viz.  :  Newport,  Providence,  Portsmouth,  Warwick  and 
Westerly,  that  they  make  speedy  and  diligent  provision 
for  the  secureing  of  themselues  by  setting  of  watches,  and 
seizing  the  amies  of  Indians  that  are  in  the  hands  of  the 
English  ;  as  alsoe  to  see  that  the  inhabitants  of  each  re- 
spective towne  bee  furnished  with  ammunition  according 
to  law  ;  and  that  the  armes  bee  fixed  and  in  readiness  for 
service,  or  what  else  they  shall  see  needfull  to  bee  done 
for  their  owne  safety  and  the  security  of  the  whole  Colony  ; 


AND  PROVIDENCE  PLANTATIONS.  283 

that  they  bee  not  surprized,  but  may  bee  ready  vnani-  1669. 
mously  to  defend  his  Majestie's  interest,  and  their  owne  v^—v-w 
Hues  and  estates   if  any   invasion  or  insurrection  bee 
made,  and  that  a  copie  of  this  order  and  advice  bee  forth- 
with sent  to  the  chiefe  officer  in  each  towne. 

Whereas,  there  are  severall  out  plantations  in  this  Colo- 
ny, which  are  not  included  in  any  towneship,  and  they 
being  as  lvable  or  rather  more  lvable  to  danger  and  inva- 
sion than  where  there  is  more  strength  ;  and  the  Councill 
seeing  it  incumbent  on  them  to  provide  for  their  safety, 
doe  heerby  order,  that  the  Conservators  of  the  Peace  at 
Pettaquomscut,  Xarragansett  or  Acquidneesitt  or  Block 
Island,  and  such  persons  as  the  Councill  shall  appoint  on 
the  Island  Qnononicutt,  doe  assemble  the  inhabitants  of 
each  of  those  places  and  consider  among  themselues  what 
may  bee  most  suitable  for  their  defence  and  preservation 
against  any  invasion  or  insurrection  of  the  Indians,  and 
forthwith  to  put  it  in  execution  ;  and  that  a  copie  of  this 
order  bee  sent  to  the  first  Conservator  of  the  Peace  in  each 
respective  place,  and  the  persons  appointed  for  Quononi- 
cutt. 

The  Councill  adjourned  till  to  morrow  morning,  eight 
of  the  clock. 


Alt  a  meeting,  ffriday,  August  2~th,  1669,  the  Governor, 
Deputy  Govirnor,  Capt.  Cranston,  Capt.  Sanford,  Mr. 
William  Harris,  Mr.  Thomas  Olney,  Junior  and  Mr, 
William  Baulston,  being  present. 

The  Sachems  Mawsup,  alias  Quisuckquansh  and  Nine-  Th03  ffloun 
craft,  as  alsoe  the  Indian  Sawagonett  being  before  thePaint0Ui" 
Councill,  and  also'e  Thos.  fflounders  ;  Thos.  filounders  ex-  ^Indians 
hibitted  his  complaint  against  the  said  Sawagonet,  which 
was  the  interpreter  made  knowne  vnto  him  ;  which  said 
complaint,  together  with  the  Indians  examination  and  an- 
swers to  the  same,  are  amongst  the  Councill  papers. 

The  Councill  adjourned  for  an  hour. 


284 
1669. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


All  a  meeting  in  the  aftcrnoone,  August  27th,  1GG0.  The 
Governor,  Deputy  Governor,  Capt.  Cranston,  Mr.  Pclrg 
Sanford,  Mr.  John  Easton,  Mr.  William  Harris,  Mr. 
William  Baulston,  being  present. 

Thomas  fflounders  in  Councill  exhibited  some  further 
complaint  against  the  Indian  Sawagonet,  which  is  among 
the  Councill's  papers. 

The  Governor  commanded  the  interpreter  to  ask  Sawa- 
sawagonet-s  gonet  if  hee  would  acknowledge  himself  to  bee  vnder  the 
government  of  Rhode  Island  and  Providence  Plantations? 
To  which  hee  replyed  that  he  did  render  himselfe  to  this 
government,  and  was  now  here  in  obedience  to  their  com- 
mands, and  did  desire  justice  accordingly. 

Ordered,  that  the  said  Sawagonet  giue  bond  for  his  ap- 
pearance at  the  next  Generall  Court  of  Tryalls,  and  for 
his  good  behaviour  in  the  meane  time  ;  and  also  that 
Thomas  fflounders  giue  bond  to  prosecute  against  the  said 
Indian  at  the  said  Court,  with  two  sufficient  sureties. 

The  recognizances  of  Sawagonet  and  Thomas  fflounders 
are  to  be  entered  vpon  record  ;  and  accordingly  they  are 
delivered  tu  the  Recorder. 

The  Councill  adjourned  till  to  morrow  morning  six  of 
the  clock. 


All  a  meeting  Saturday,  August  28/A,  16G9.  The  Gov- 
ernor, Deputy  Governor,  Mr.  Pelrg  Sanford,  Mr.  John 
Easton,  Mr.  William  Harris,  Mr.  Thomas  Olney, 
Junior. 

The  Sachems  Mawsup  and  Ninecraft  being  before  the 
Exnmina-    Councill,  brought  alsoe  four  Long  Island  Indians,  named 

tion  of  Nin-  •        »«•«.  -»t  -ht 

Mawsu  "and  ^ilto  woompau  d ,  alias  Missuckquat,  Nompum,  Nauneyau- 
isiandTn-  want  and  Paapasaquin,  whom  they  said  could  informe 

touching  the  grounds  of  the  report  of  a  plot  among  the 

Indians. 

The  Councill  proceeded  to  the  examination  of  the  said 


AND  PROVIDENCE  PLANTATIONS. 


28 


Sachems  as  to  the  combination  of  the  Indians  against  the  1G6D. 
English. 

And  the  said  Long  Island  Indian  named  Missuckquat, 
being  charged  by  the  Governor  to  speak  that  which  was 
truth  before  the  Councill,  and  therevpon  promising  soe  to 
doe,  hee  said  that  in  the  beginning  of  this  summer  the  In- 
dians of  Meontawket,  consulting  together,  said  it  was  rea- 
son they  should  send  some  tribute  by  way  of  acknowledg- 
ment to  Ninecraft,  and  that  therevpon  they  made  a  gath- 
ering among  themselves,  and  sent  a  parcell  of  peague,  noe 
great  sum,  but  about  twenty  fathom  ;  which  they  sent  to 
Ninecraft,  together  with  the  barre'l  of  a  gun,  vpon  the  re- 
ceipt whereof,  he  gaue  them  a  pardon.  Ypon  which  ac* 
tion,  there  was  presently  a  rumor  of  a  plot  reported  by 
one  of  their  owne  Indians  ;  wherevpon  two  men,  with 
a  Constable  from  Fast  Hamplon,  came  to  them,  and  told 
them  they  were  informed  they  were  plotting  together  with 
Ninecraft,  wholly  to  destroy  the  English  ;  which  the  In- 
dians confidently  denying,  the  English  told  them  that 
then  as  a  signification  of  their  innocency,  they  should 
deliver  vp  their  guns  ;  but  the  Indians  resolutely  refused 
to  deliver  them  till  some  either  more  fainthearted  or  more 
considerate  than  the  rest,  did  agree  it  would  bee  the  best 
course  for  their  vindication  to  deliver  them  vp,  which  being- 
done,  the  English  declared  themselves  satisfied  as  to  their 
innocency  ;  and  takeing  off  the  locks  of  severall  of  their 
best  guns,  carried  the  locks  away  and  left  the  barrells  be- 
hinde  them  ;  and  carried  away  alsoe  some  of  their  guns  ; 
and  alsoe  said  that  the  Indian  that  raised  the  report  was 
formerly  named  Pawgatun,  but  now  his  name  is  Nonaco- 
napoonog  ;  and  the .  other  Indian  named  Nompum  fur- 
ther saith,  that  afte"r  the  report  of  the  plot  that  was  abroad, 
the  English  received  a  letter,  which  as  Nenecraft  saith, 
was  written  by  Toby,  at  Scpiamraacock,  in  his  behalfe,  re- 
lating how  hee  had  cleared  vp  the  matter,  that  there  was 
noe  plot ;  vpon  which  letter  the  English  were  soe  satis- 
fied, that  one  Mr.  Mulford  told  them  they  might  haue  their 


286 


RECORDS  OF  THE  COLONY  OF  HIIODE  ISLAND, 


16G9.  guns  and  locks  againe,  but  the  man  in  whose  hand  (hey 
were  ,was  not  at  home.  Sue  the  Indians  thanked  the  Eng- 
lish for  granting  them  [their  gunns]  againe,  but  at  present 
they  had  noc  occasion  for  them  ;  they  might  remaine  still 
in  their  hands.  To  which  the  English  said  it  was  well  soe 
they  might,  but  as  they  had  need  of  them,  they  might 
fetch  them  ;  and  that  whereas  the  English  had  formerly 
said  they  would  take  away  their  corne  fields,  now  they 
would  not  meddle  with  them.  Being  demanded  how  they 
came  to  know  that  it  was  Nonaconapoonog  or  Pawgetun, 
that  raised  this  report,  they  could  not  tell  how,  but  only 
said  they  heard  it ;  till  Ninecraft  said  that  hee  knew  how 
they  came  to  know  it,  and  that  was  by  a  letter  from  Mr. 
Winthrop  and  Thos.  Stanton  ;  and  that  Thomas  Stanton 
told  them  of  Ninecraft's  men  for  being  demanded  if  they 
had  examined  Nonaconapoonog  about  it,  they  said  they 
had  ;  and  that  hee  said  if  the  English  did  affirm  that  hee 
told  them  soe,  they  did  belye  him  ;  and  that  they  inquired 
earnestly  of  the  English  whom  it  was  that  told  them  of  the 
plot,  but  the  English  would  not  declare  it ;  wherevpon, 
they  desired  that  they  should  informe  them  who  it  was 
that  sent  word  to  the  Governor  of  New  York,  but  they 
might  know  shortly.  The  Councill  signified  to  the  said 
Sachems  that  if  they  would,  they  might  depart  at 
present. 

The  persons  appointed  to  execute  the  Councill's  order 
of  26th  inst.  for  the  Island  of  Quononicut,  are  John 
Homes,  John  Remington  and  Michaell  Kelly. 

The  Councill  dissolved. 

The  acts  of  the  Councill  examined  by  the  originall  pa- 
pers and  found  true,  as 

Attest :         JOHN  CLARKE. 


AND  providence  plantations. 


287 


1CC9. 


Proceedings  of  the  (ler.erall  Assembly  held  for  the  Collony 
of  Rhode  Island  and  Providence  Plantations  at  Xewport, 
the  21th  of  October,  1CG9. 

Benedict  Arnold.  Governor. 

Mr.  John  Clarke,  Deputy  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Thomas  Olney,  Jr., 

Capt.  Peleg  Sanford,  Mr.  William  Baulston, 

Mr.  John  Easton,  Mr.  Joshua  Coggeshall, 

Mr.  William  Carpenter,  Mr.  Bejamin  Smith, 
Mr.  Williiam  Harris,  Capt.  John  Greene. 

DEPUTIES. 

Mr.  John  Coggeshall,  ,  Lieut.  Francis  Braytonj 
Mr.  Joseph  Clarke,  Mr.  William  Wood  all, 

Mr.  Caleb  Carr,  Capt.  Randall  Howldon, 

Joseph  Torrey,  Mr.  Richard  Carder, 

Mr.  James  Barker,  Mr.  Thomas  Greene, 

Mr.  Edward  Greenman,        Mr.  Edmund  Calverlye, 
Capt.  John  Sanford,  Mr.  Tobias  Sanders, 

Capt.  Samuell  Wilbour,        Mr.  John  Randall. 

The  Governor  chosen  Moderator. 
Joseph  Torrey,  Clarke  of  the  Assembly. 

Ordered,  that  a  letter  sent  from  the  towne  of  Warwick  !>««*  r«« 
be  read  in  Court,  and  that  Mr.  Calverlye  be  permitted  to 
read  it. 

Ordered,  that  the  Charter  be  read  in  Court,  and  that 
Mr.  Thomas  Olnye  be  desired  to  read  it  in  the  Recorder's 
absence. 

The  Court  haveing  been  informed  that  there  are  two  re- 


288  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1639.  turnes  from  the  towne  of  Providence  by  two  persona  that 
-**"v-w  writt  themselves  Clarke  of  the  aforesaid  towne  ;  the  one 

Two  rata  m 

" "v,"  I?  intimating,  umlcr  his  hand,  that  the  towne  had  made  noe 
donoe.      loo-;lll  choyee  ;  the  other  intimating  as  though  there  had 
been  a  choyee,  &c.    The  Court  haveing  heard  the  report 
of  the  matter,  soe  far  they  can,  to  find  the  truth  of  the 
said  proceedings,  doe  therefore  declare  that  the  persones 
who  have  heare  presented  themselves  as  Deputycs,  cannot 
be  admitted  to  sitt  and  act  in  this  Assembly,  because  they 
were  not  legally  chosen,  and  a  legall  returne  made  thereof. 
Whereas,  there  hath  been  sevcrall  considerations  about 
About  patv  the  gathering  of  the  six  hundred  pound  rate  levied  and  in- 

qnng  rates.  o  o  r 

ji>yned  by  the  Generall  Assembly,  in  October,  1664,  .and 
yett  a  great  part  of  that  rate  is  vngathered,  to  the  mani- 
fest damage  of  the  Honored  John  Clarke,  Deputye  Govt 
ernor,  late  Agent  for  the  procuring  the  Charter  for  this 
Collony,  the  charge  whereof  lycth  heavie  vpon  his  account, 
to  beare  ;  and  now  finding  some  townes  or  places  negli- 
gent in  makeing  the  rate  and  levieing  the  same  vpon 
their  inhabitants,  notwithstanding  a  Committee  was  ap- 
poynted  to  mind  the  doeing  thereof,  and  finding  that  such 
of  the  Committee  in  those  townes  and  places  as  were  ap- 
poynted  to  mind  it  in  their  respective  townes,  have  neg- 
lected the  same  ;  the  Court  doe  enact  and  declare,  that  in 
case  of  such  neglects,  that  any  sixe,  five  or  fower  of  the 
rest  of  the  said  Committee,  Mr.  William  Harris  being  one, 
have  full  power  to  levie  the  rate  vpon  each  such  towne  or 
place,  and  if  they*  cannot  have  an  estimate  of  each  man's 
estate  brought  in  to  them  vpon  demand,  then  they  are  to  goe 
as  neare  the  marke  as  they  can  in  estimating  each  man's 
estate,  and  accordingly  levie  the  rate  ;  and  in  case  the 
Constable  or  Towne  Sargant  neglect  to  gather  the  same  or 
to  gather  the  remainder  of  any  rate  already  made,  either 
as  for  the  sixe  hundred  pound  or  any  former  rate  relateing 
to  the  procurcing  the  Charter,  then,  by  warrant  as  is  pro- 
vided in  the  same  case  for  gathering  the  same  in  the  towne 
gf  Newport,  the  Generall  Sargent  is  hearby  impowered, 


AND  PROVIDENCE  PLANTATIONS. 


289 


required  and  commanded  to  gather  the  said  rates  in  every  1669. 
such  towne  or  places,  as  well  as  in  Newport,  vpon  the 
same  penaltye  as  is  thereon  sett  by  a  former  Generall  As- 
semblye  in  case  of  neglect ;  and  haveing  gathered  the 
same,  is  to  deliver  it  and  every  part  thereof  to  such  per- 
son as  the  said  Committee,  or  any  six,  five  or  four  of  them 
shall  appoynt,  and  to  take  soe  much  for  distrayning  the 
same  as  in  the  same  case  is  allowed,  as  to  takeing  or  dis- 
trayning in  the  towne  of  Newport,  and  all  the  foremen- 
tioned  is  to  be  put  in  execution  with  such  expedition  that 
ail  may  be  gathered  before  the  twentieth  day  of  Decem- 
ber now  next  coming. 

The  Generall  Assembly  sadly  resenting  the  grevious  m^^0 
symptoms  that  appeare,  of  the  dangerous  contest,  distrac-  lhemrtoiade 
tiones  and  divisiones  amongst  our  antient,  loving  and  hon- agreem  nt- 
oured  neighbours,  the  freemen  inhabetants  of  the  towne  of 
Providence,  whereby  the  said  towne  is  rendered  in  an  in- 
capacitye  for  transacting  their  owne  affaires,  in  any  mea- 
sure of  satisfactory  order,  with  peace  and  quiettnes,  and 
consequently  vnable  to  helpe  in  the  managing  and  order- 
ing publicke  affaires  by  Deputyes  that  ought  to  bee  by 
them  sent  to  the  Generall  Assembly,  and  jurymen  to  the 
Courts  of  Trialles,  whereby  there  is,  or  seemes  to  bee  a 
breach  in  the  whole  ;  vpon  consideration  whereof  and  vp- 
on finding  that  the  case  of  the  aforesaid  inconveniancyes 
ariseth  from  disagreement  and  dissatisfaction  about  divi- 
siones and  dispositiones  of  lands  wherein  it  is  impossable 
that  either  party  can  be  cleare  from  giving  and  taking  oc- 
cation  of  offences,  and  that  it  is  altogether  vnlickly  they 
will  compose  the  differances  without  some  juditioues  men 
and  vnconcearned  in  the  premised  contest,  bee  helpfull  by 
their  counsell  and  "advice  to  that  end.  Therefore,  the 
Court  doe  recommend  the  care  of  efectinge  a  happie  com- 
posure vnto  Mr.  John  Easton,  Mr.  Joshua  Coggeshall,  Mr. 
John  Coggeshall,  Mr.  William  Vahan  and  Mr.  John  San- 
ford  ;  and  doe  request  them  and  commissionate  them  to 
repaire  to  the  towne  of  Providence,  at  or  a  day  or  two  be- 

vol.  ii.   -  37 


290 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND 


1  GGO.  fore  or  after  the  twentye  fowrth  day  of  this  instant  No- 
»     '  vember,  and  being  there,  that  they  cause  conveniante 
notice  to  bee  given  vnto  all  the  free  inhabitants,  or  to  as 
many  as  may  have  notice,  to  meet  at  a  certaine  day  and 
place  in  the  said  towne,  and  being  mett  to  endeavor,  by 
all  meanea  to  perswade  them  to  a  loving  composure  of 
their  differances  by  arbitration,  if  noe  more  easie  way 
apeare.  to  them,  and  to  engage  to  abide  by  the  award  in 
such  sort  as  neither  partye  may  have  libertye  to  evade  the- 
same.    And  when  such  a  way  of  composeing  the  said  dif- 
ferances shall  be  determined  to  be  expediant  they  re- 
solve upon,  and  the  party es  alsoe  as  aforesaid  engaged 
therevnto,  then  to  signifie  that  there  be  a  meeting  called 
of  all  the  freemen,  as  soone  as  may  bee,  and  in  the  said 
meeting  to   choose  a  moderator,  and  then   their  fonre 
Clarke  for  the  remaining  part  of  the  yeare  ;  as  allsoe  Con- 
stables, Towne  Sargant,  and  such  other  officers  as  are  vse- 
ually  chosen  in  the  towne  ;    and  alsoe  to  elect  fowre 
Deputyes  to  sitt  in  this  presant  Assembly,  which  are  to 
that  end  resoulved  to  adjourne  vntill  the  third  Tuesday  in 
February  next,  that  soe  there  may  bee  (if  the  Lord  please 
to  give  a  blessinge  vnto  our  indeavors  and  answer  our  de- 
sires) hearin,  a  friendly  and  manly  concordance  in  manage- 
ing  the  publicke  transactiones  of  this  Collony  ;  and  to  that 
cud,  it  may  appeare  how  much  wee  desire  the  same,  the 
Court  doe  order,  that  all  indictments  or  actiones  which 
have  arisen  concearning,  or  haveing  relation  to  the  differ - 
ance  aforesaid  in  the  towne  of  Providence,  shall  be  waved 
at  presant,  and  that  noe  farther  prosecution  be  thereon  till 
the  Assembly  shall  meet  at  the  time  prefixed,  and  under- 
stand the  issue  of  the  aforementioned  motion  ;  hopeing  in 
the  meane  time  all  animosityes  will  be  extinguished  and 
the  occation  removed,  that  wee  may  answer  the  gratioues 
favour  of  his  Majestye  bestowed  vpon  vs  with  a  suitable 
exercise  therein,  and  improvement  thereof;  as  alsoe,  the 
Court  suspends  in  the  meane  space,  the  enacting  any 
Ounce  save  what  is  of  absolute  necessitye,  as  desirous  of 


AND  PROVIDENCE  PLANTATIONS. 


291 


the  full  concurrence  of  all  the  members  of  this  poore  de-  1609. 
spised  Collony,  for  c  \rrying  on  the  most  wayghty  con-  <^«»-^ 
cernes  thereof;  as  alsoe  if  it  bee  possible  to  perswade 
Mr.  William  Harris,  and  those  that  are  adverse  to  him, 
about  Mishantatate  to  put  their  differences  thereabout  in 
a  lyeke  good  way  of  composure,  soe  to  prevent  farther  way 
of  legall  force  therein  ;  and  whatsoever  efect  the  foresaid 
endeavers  of  the  persones  hearin  impowered  and  employe  ! 
shall  produce,  the  Assembly  desire  and  expect  an  account 
thereof  vnder  their  hands  at  the  next  sitting  above  ap- 
pointed, and  a  coppie  of  this  order,  vnder  the  Clarke  of 
the  Assembly,  with  the  seale  of  the  Collony  thereto  affixed 
shall  be  3  sufficient  warrant  for  putting  the  same  in  prac- 
tice accordingly. 

It  is  ordered,  that  the  acts  already  passed  in  the  ses-  ^^ru 
siones  of  the  Assembly  shall  forthwith  goe  forth  to  th-:- 1  ~',:  7 
severall  townes  vnder  the  Clarke's  hand  and  seale  of  the 
Collony  ;  and  soe  the  Assembly  is  adjourned  to  the  third 
Tuesday  in  February  next,  to  sitt  at  Xewport. 

February  the  fifteenth,  which  was  the  day  that  the 
Couri:  was  adjourned  vnto,  that  sat  the  27th  of  Octo- 
ber last,  there  mett  the  Governor,  the  Deputy  Governor, 
Capt.  John  Cranston,  Capt.  Peleg  Sanford,  but  noe  more 
of  the  magistrates  ;  and  therefore  the  Court  could  not  bee 
said  to  bee  in  being,  but  the  aforesaid  Court  did  naturally 
dissoulve  it  selfe. 


[RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Proceedings  of  the  Gencrall  Assembly  of  the  Cottony  of 
Rhode  Island  and  Providence  Plantations,  held  at  Neic- 
port,  the  Uh  of  March  22,  1669-70. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  John  Clarke,  Deputye  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Thomas  Olnye,  Jr., 

Mr.  Peleg  Sanford,  Mr.  William  Baulston, 

Mr.  John  Easton,  Mr.  Joshua  Coggeshall, 

Mr.  William  Carpenter,       Mr.  Benjamin  Smith, 
Mr.  William  Harris,  Capt.  John  Greene. 

DEPUTIES. 

Mr.  John  Coggeshall,  Lieut.  Francis  Bray  ton, 

Mr.  Caleb  Carr,  Ensigne  Lott  Strange, 

Joseph  Torrey,  Capt.  Randall  Howldon, 

Mr.  James  Barker,  Mr.  James  Greene, 

Mr.  Edward  Smith,  Mr.  Richard  Carder, 

Mr.  Robert  Stanton,  Mr.  Edmund  Calverlye, 

Mr.  John  Sanford,  Mr.  John  Crandall, 

Mr.  William  Woodall,  Mr.  Nicholas  Cottrell, 

The  Governor  chosen  Moderator. 
Joseph  Torrey,  Clarke  of  the  Assembly. 
Voted,  that  a  letter  sent  from  some  of  the  towne  of 
Providence  be  read  in  Court. 

Voted,  that  a  letter  sent  from  the  towne  of  Warwick  be 
read  in  Court. 

It  being  soe  that  there  hath  been  great  distractiones 
The  differ-  amongst  the  inhabitants  of  the  towne  of  Providence,  there 
being  two  partyes  accuseing  each  other  that  they  have  ob- 
structed legall  proceedings,  and  that  they  have  acted  ille- 


ence  at 
Providence 


AND  PROVIDENCE  PLANTATIONS. 


203 


gaily,  soe  that  the  Generall  Assembly  of  this  Collony  hath  1670. 
not  been  assisted  by  them  with  Deputyes,  neither  is  this 
Generall  Assembly,  although  there  hath  been  long  endea- 
vers  by  Generall  Assemblyes  that  the  inhabitants  of  Provi- 
dence themselves  might  have  issued  their  differances  that 
hath  caused  such  obstructiones  ;  but  it  not  taking  place, 
bee  it  enacted  by  this  Generall  Assembly,  that  two  men  be 
chosen  and  authorized  and  required  to  take  what  intelli- 
gence they  can,  how  many  and  who  they  are  of  the  towne 
of  Providence,  that  are  free  inhabitants  of  this  Collony, 
and  have  or  doe  take  the  engagement  to  be  true  subjects 
to  the  King,  and  that  all  those  which  either  party  will  not 
owne  to  be  freemen  of  the  Collony,  and  to  have  engaged  al- 
legiance to  the  King,  except  the  two  men  chose,  gyt  intel- 
ligence of  any  who  are  free,  allthough  they  be  not  soe  owned 
by  the  other  party,  they  shall  at  their  perrill  be  taken  as  riot- 
ers forbeare  to  vote  in  the  election  of  any  to  any  office  in 
civill  government  in  this  Collony  ;  and  two  men  chosen  shall 
require  whome  they  see  cause  to  warne  all  of  Providence, 
that  are  such  freemen  of  this  Collony  as  aforesaid,  to  ap- 
peare  at  time  and  place  as  the  two  men  chosen  shall  ap- 
poynt  for  those  that  soe  appeare  by  the  majour  vote  to 
choose  their  moderator  and  towne  officers  for  the  time  be- 
ing, and  until]  the  day  for  their  yearly  choyce  according  to 
their  law  ;  and  that  they  alsoe  in  the  same  meeting  choose 
their  Deputyes  for  the  next  Generall  Assembly  that  is  to 
sitt  in  May  next,  1670. 

Mr.  John  Easton  and  Mr.  Joshua  Coggeshall  are  nomi-  committee 
nated  and  appoynted  to  be  the  two  men  to  put  the  above-  dene'e0" 
said  order  in  execution  ;  and  Ensigne  Lott  Strange  and 
Joseph  Torrey  are  added  vnto  them  for  Counsell  and  ad- 
vice in  the  matter,  and  are  all  to  repaire  to  the  towne  of 
Providence,  with  all  conveniant  speed,  after  the  Court  is 
dissoulved. 

The  Assembly  considering  Mary  Stoakes  earnest  desire  Mary  ^ 
to  have  her  corporall  punishment  taken  off,  which  the  last  Petili0B' 
Court  of  Trialles  sentenced  her  to  receive  for  adultery  with 


294  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1C70.  William  Tinibcrlakc,  which  sentence  was  that  she  should 
v-^v^*-'  bo  twice  whipt  and  pay  a  fine  of  ten  pound  according  to 
law,  in  such  case  provided  ;  and  considering  she  came 
away  from  her  husband  :  the  Court  judging  it  dishonorable 
to  suffer  her  heare  to  stay,  and  concluding  it  rather  fitt  she- 
be  gone  off,  that  soe  she  may  goe  to  hef  husband  ;  the  As- 
sembly doe  agree  and  declare,  that  her  whippings  shall 
both  be  suspended  till  the  latter  end  of  the  next  Court  of 
Trialles  ;  but  if  she  stay  or  be  found  in  any  part  of  this 
jurisdiction  at  any  time  after  the  end  of  that  Court,  she 
shall  suffer  the  extent  of  the  law,  and  be  twice  whipt  ac- 
cordingly ;  and  it  is  further  provided  as  for  her  fine  of  ten 
pound,  that  she  shall  pay  it  now  presently,  or  else  her 
whipping  shall  alsoe  be  forthwith  inflicted  in  order,  and 
the  fine  taken  by  execution. 

This  Generall  Assembly,  reminding  what  other  General! 
u»"arbefore  Asseuiblys  of  this  Collony  have  had  agitations  vpon,  and 
ofeKriengrne  resolutions  to  witt :  efectually  to  mind  and  put  out  of  the 
second  to  be  Records  of  this  Collony,  and  vtterly  to  obliterate  the  pas- 

disannulled. 

sages,  names  and  titles  that  in  the  times  of  the  troubles  in 
England  were  vsed  and  enacted  as  the  case  then  stood 
with  this  Collony  as,  with  all  corporationes  in  England  and 
other  his  Majestyes  dominiones  that  were  derogatory  to 
the  Crowne.and  dignitye  of  his  Majestye  our  gratioues 
Soveraigne  Lord,  Charles  the  Second,  King  of  England, 
Scotland,  France  and  Ireland,  and  all  the  dominiones 
thereto  belonging,  occationed  by  the  then  prevayling 
powers  in  England,  either  of  Parliament,  Councill  of 
State,  Protectors,  &c,  in  whose  names  all  matters  of  judi- 
cature were  then  transacted,  but  by  reason  of  seyerall 
pressing  matters  of  severall  other  natures  have  alwayes 
much  distracted  the  affaires  in  this  Collony,  those  foresaid 
matters  have  not  been  soe  thoroughly  inspected  and  recti- 
fied as  is  desired,  and  still  intended.  Therefore,  this  As- 
sembly doe  enacte  and  declare,  that  all  passages,  names 
and  titles,  in  lawes,  acts  or  orders  of  this  Collony,  deroga- 
tory to  his.  Majestye,  his  honour,  Crowne  and  dignity,  be 


AND  PROVIDENCE  PLANTATIONS. 


295 


vtfcerly  repealed,  made  null  and  voyd,  and  are  hearby  de-  1G70, 
clared  to  be  vtterly  repealed,  and  made  null  and  voyd,  to  •^^^/ 
all  intents  or  purposes,  whatsoever ;  alwayes  provided, 
and  bee  it  enacted  by  the  authority  of  this  Assembly, 
and  it  is  enacted  and  hearby  declared,  that  the  law  or 
lawes  themselves  (in  which  these  passages,  names  and 
titles  are  made  null  and  disavowed),  shall  not  hearby  bee 
made  voyde  ;  but  as  to  the  equitye  of  such  lawe  or  lawes 
are  to  stand  in  full  force  and  virtue  to  all  intents  and  pur- 
poses for  wdiich  they  were  made  and  enacted, 

This  Assembly  haveing  well  weighed  the  ill  consfe-Johu 
quences  that  may  ensue  from  the  insolencye  of  John  Carr, 
late  prisoner  in  the  jayle  at  Newport,  where  hee  with 
Quinapint,  an  Indian  prisoner,  brocke  the  prison  the  26th 
of  December  last  past,  at  night,  and  gott  over  to  Narra- 
gansitt,  where  they  both  gave  out  threatening  to  doe  mis- 
chiefe  to  the  English,  &e.,  thereabouts  residing  ;  and  in 
order  to  put  their  intentiones  in  execution,  have  been 
some  months  past  preparing  to  fight,  and  drawing  the  Inr 
dians  into  their  conspiracye  soe  to  keep  themselves  from 
justice. 

It  is  therefore  resolved,  and  bee  it  enacted  by  the  au- ^nn"fneing 
thoritye  of  this  Assembly  for  prevention  of  these  unhappie  wLVSJe 

,  ■.  prison  with 

consequences  that  otherwise  are  lycke  to  ensue  from  the  Quanepin. 
foresaid  evill-minded  persons  conspiracye,  that  the  chiefe  Sa- 
chems, to  witt :  Mosup  and  Ninecraft  to  be  both  sent  vnto 
by  Capt.  John  Greene  and  Mr..  Benjamin  Smith,  of  War- 
wicke,  Assistants,  as  soone  as  possible  it  may  be  done,  and 
to  request,  desire  or  require  the  said  Sachems  and  either  t 
of  them,  at  a  certain  day  to  repaire  to  the  towne  of  War- 
wicke,  and  that  day  to  be,  if  possible  i1"  may  bee,  before 
the  last  of  this  month,  or  as  soone  as  may  bee  after,  and 
then  and  there  to  represent  to  the  said  Sachems  the  sence 
and  resolution  of  this  Assembly  concerning  the  premises 
for  the  apprehending  those  persons  that  hath  made  escape 
out  of  prison  as  aforesaid  ;  and  that  in  the  first  place  the 
said  Sachems  are  to  bee  advised  withall.    The  Court  hav- 


29G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  ing  regard  to  the  mutuall  obligations  made  to  and  with  * 
■^^^  them  for  defence  both  of  them  and  the  English  in  this 
Collony,  by  order  and  command  of  his  Majesty e,  our  dread 
Soveraigne,  King  of  England,  &c,  declared  by  his  Maj- 
estyes  honourable  Commissioners  in  the  yeare  1GG4  and 
1GG5,  and  that,  therefore,  the  said  Sachems  are  desired  to 
apprehend  the  said  John  Carr  and  Qninnapintt,  and  to 
deliver  them  and  either  of  them  vp  to  some  of  his  Miijes- 
tyes  officers  in  this  Collony,  to  be  secured  till  brought  to 
answer  for  their  several!  missdoings,  and  withall  to  let  the 
aforesaid  Sachems  know  that  in  case  they  refuse  or  neglect 
to  doe  their  indevour  to  put  the  premises  in  speedy  exe- 
cution, they  will,  by  his  Majestye  and  by  this  Collony 
be  deemed  and  esteemed  partyes  or  accessaryes  with  the 
malefactors,  and  soe  render  themselves  >and  people  lyable 
to  answer  for  what  these  said  persones  shall  mischieviously 
put  in  practice  in  any  parts  of  this  Collony  or  King's 
Province.  But  in  case  the  Sachems  pretend  they  are  not 
able  to  apprehend  both,  or  either  of  the  mallefactors,  and 
haveing  endeavered  to  doe  it  are  frustrated,  that  then 
and  however  they  joyntly  and  severally  engage  vpon  per* 
rill  aforesaid,  to  forbid,  withdraw  and  withhold  all  their 
peopie  from  countinanceing,  ayding  or  assisting  the  malle- 
factors, or'either  of  them  aforementioned,  withall  requirc- 
ing  their  present  engagement,  that  they  will,  according  to 
their  aforesaid  obligation,  assist  in  the  persueing,  finding 
out  and  apprehending  them,  when  any  shall  from  this 
government  be  employed  to  that  end  ;  and  the  Assembly 
having  a  respect  vnto,  or  a  due  sence  of  the  Indians  ig- 
norance of  the  English  lawes,  which  vntill  they  shall  be 
more  acquainted  with,  may  be  an  occasion  of  some  ex- 
travagancies or  misdoeings  in  regard  of  the  differing  man- 
ners and  customes  of  the  English  and  them.  That  there^- 
fore,  it  is  thought  good  to  mittigate  somewhat  of  the  rigor 
that  might  be  vsed  against  Quinapintt,  in  hopes  of  his 
future  reformation  and  good  behaviour  ;  that  in  case  hee 
pay  or  cause  lo  be  payd  to  Thomas  Flounders  fifteene 


AND  PROVIDENCE  PLANTATIONS 


pound  in  peagne,  at  the  rate  of  sixteene  a  penny  presant-  1670. 
ly,  or  ffive  securitye  that  it  shall  be  done  before  the  Court 
of  Trialles  now  next  coming,  that  then  his  other  extrava- 
gant carriage  in  that  business  will  be  past  by,  upon  his 
appearance  and  humble  acknowledgment  at  the  said  Court 
of  Trialles,  and  vpon  paving  such  fees  as  are  due  to  the 
officers  of  justice,  it  being  a  small  matter,  kc. ;  and  that 
in  the  meane  time  hee  doe  not  only  withdraw  from  coun- 
dnancing,  concealing  or  ayding  John  Carr,  but  doe  alsoe 
by  all  meanes  endever  to  discover  and  apprehend  him  and 
soe  cause  him  to  bee  delivered  vp  to  justice,  ic.  But  in 
case  of  Quinnapintt,  his  none  performance  hereof,  hee  must 
expect  noe  favour,  but  the  riggor  of  the  law,  and  to  make 
good  all  dammages  that  shall  arise  in  or  about  the  prem- 
ises, which  may  amount  to  the  losse  of  what  hee  or  his 
adhearents  can  say  is  theirs  :  and  that  the  matter  may  be 
carried  on  to  effect  with  more  facillitye,  it  is  recommended 
to  Mr.  Greene  and  Mr.  Smith  abovesaid,  that  wherein 
they  shall  see  it  necessarv  to  vse  the  advice  and  assistance 
of  Mr.  Smith  of  Xarragansitt,  or  other  persones  of  the 
English  in  any  parts  thereabout,  they  may  send  to  or  for 
them  to  that  end,  &c.  ;  and  farther,  the  Assembly  doe 
order,  that  vpon  declaring  the  premises  vnto  the  Sachems 
abovesaid,  and  that  they  be  thoroughly  acquainted  with 
and  made  to  vnderstand  the  same,  that  then  returne  be 
made  in  writing  unto  the  Governor,  Deputye  Governor 
and  Councill  of  their  answer,  behaviour  and  whole  issue 
of  the  aforesaid  discourse,  and  demand  information  and 
advice  that  they,  vpon  a  farther  proceeding  may,  if  neede 
require,  be  put  in  action  for  effecting  the  matter,  soe  as 
to  preserve  his  Majestye's  lovall  subjects,  persones  and  es- 
tates from  vyolence  ;  *  and  a  coppie  of  this  order  vnder  the 
Collonyes  seale,  with  the  Governor's  hand  affixed,  shall 
bee  the  commission  and  warrant  to  Mr.  Greene  and  Mr. 
Smith  abovesaid  to  transact  accordingly. 
vol.  ii.  33 


298 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670. 

The  Commission  for  the  Conservators  of  the  Peace  in  the 
King's  Province. 

Honoured  friends  :  The  Assembly  haveing  a  sence  of 
the  pressures  that  lye  on  the  inindes  of  severall  of  his 
Majestyes  leige  people,  members  of  this  Collony,  and  liv- 
ing in  that  part  thereof  now  called  the  King's  Province, 
who  by  reason  of  some  overtures  from  the  Collony  of  Co- 
neticott,  seeming  to  tend  to  an  exercising  jurisdiction  in 
»  some  parts  of  this  our  Collony  or  King's  Province  afore-.- 
said  ;  these  are  therefore  to  put  you  in  minde,  all  and 
every  of  you,  that  you  be  watchfull  and  care  full  to  pre- 
vent and  suppresse  all  such  misdemeanures.and  disorders, 
even  according  to  that  trust  reposed  in  you,  and  power 
committed  vnto  you  by  the  commission  already  given  you 
by  the  Governor  and  Council!  of  this  Collony,  vnder  the 
seale  of  the  said  Councill  ;  which  being  minded,  doth 
empower  you  and  either  of  you  to  apprehend  all  and  every 
person  that  shall  presume  to  exercise  jurisdiction  in  any 
part  of  the  King's  Province  without  authority  duely  de- 
rived from  the  Generall  Court  or  Councill  of  this  Collony  ; 
and  such  person  or  persones  to  send  to  Newport  to  bee 
examined  by  the  Governor  or  other  the  Magistrates,  and 
this  is  to  advise  you  at  this  time  to  be  more  than  ordinary 
vigilent  in  that  respect,  and  wherein  you  may  want  helpe 
or  advice  by  reason  of  opposition  too  potent  for  you,  that 
in  case  you  make  your  addresses  to  the  Governor  and 
Councill.  Soe  wee  bid  you  farewell,  and  rest  your  very 
loving  friends. 

Signed  per  order  and  in  the  name  of  the 
Generall  Assembly  of  Rhode  Island  and 
Providence  Plantations,  &c. 

JOSEPH  TORREY, 

Clarke  of  the  Assembly. 
To  our  honored  friends,  Mr.  Richard  Smith,  Mr.  Samuell 


AND  PROVIDENCE  PLANTATIONS- 


299 


Dyre,  Mr.  Sam'll  Wilson,  Mr.  Jirah  Bull,  Conservators  1G70. 
of  the  Peacein  the  King's  Province,  inh  is  Majestyes 
Collony  of  Rhode  Island,  &c,  and  to  either  of  them- 
These. 

Dated  at  Newport,  March  25,  1670. 

It  is  ordered,  that  three  of  this  date  and  tenure,  be 
sent  (viz.),  one  to  Mr.  Crandall,  one  to  Mr.  Smith,  one  to 
Mr.  — . 

The  Assembly  haveing  seene  a  letter  subscribed  Joshua  Joshua  hu 
Hobert,  and  John  Smith,  and  dated  the  8th  of  September,  J°».'\,  , 

'  '  1  ,      '  Smith's  !et- 

1669,  directed  to  the  Governor,  Deputye  Governor  and  f^™' 
Councill  of  this  Collony,  and  by  the  Governor  presented  erred* 
and  communicated  to  this  present  Assembly,  considering 
the  contents  being  about  lands,  &c.  ;  the  consideration  of 
which  letter,  requiring  good  information  as  to  the  propos- 
alles  and  desires  therein  contayned,  and  candid  delibera- 
tion therevpon,  before  a  positive  answer  be  given  therevn- 
to,  which  being  not  at  present  soe  fully  produced,  as  in 
such  case  it  ought  to  bee  ;  therefore,  the  Assembly  refer 
the  farther  consideration  of  the  affaires  vntill  a  more  con- 
veniante  opportunity,  and  do  desire  the  Governor,  and 
DeputyeGovernor,  to  signifie  soe  much  vnto  the  abovesaid 
gentlemen  that  sent  the  letter  vnto  them,  &c. 

Letter  from  the  Governor  and  Assistants  of  Connecticut  to 
John  Crandall.* 

Hartford,  Nov.  18th,  1669. 
To  Mr.  John  Crandall,  to  be  communicated  to  the  people  of  Squamacuck  : 

Neighbours  :  You  may  by  these  understand  that  we  haue  often  been  solis- 
ited  to  hear  seuerall  complaints  that  haue  been  made  against  yourselues  (by 
the  inhabitants  of  Stoningtou),  whoe  have  (as  they  iuforme  us)  impropriated 
to  yourselues  a  great  par.cell  or  part  of  their  township*"  to  your  own  perticuler 
use  and  benefit  without  their  consent,  and  against  their  declared  wills  ;  and  not 
onelyso  (as  we  are  informed),  you  haue  dispossessed  seuerall  gentlemen  of  their 
proprieties  and  right,  as  their  heirs  the  honored  Mr.  Haines,  deceased,  Captain 
Cooking  and  Mr.  Playsted,  by  which  they  are  much  danmifyed,  and  thereupon 


*  Rhode  Island  Historical  Society's  Manuscripts,  pp  87-9 


300 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  'muc  complayned  to  us  for  justice  in  the  case.  We  accordingly  saw  reason  to 
^^-^^  Ri  ant  a  time  of  hearing,  which  was  the  third  Wednesday  in  this  monetli,  of 
which  we  gaue  you  timely  notice  by  Mr.  Tho.  Stanton,  but  you  did  not  ap- 
peare  ;  although  those  people  of  Stonington  haue  attended  the  time  prefixed, 
and  complayned  against  you  of  the  aforesaid  wrongs  and  presented  much  of  what 
they  haue  [to  say]  in  the  case,  but  we  haue  not  been  willing  to  put  the  matter 
to  a  final]  issue  at  this  time,  being  Willing  to  beare  what  you  haue  to  say  in  the 
case,  and  therevpon  thought  good  to  take  this  oppertuncty  to  aduisc  you  that 
you  address  yourscluesto  make  your  neighbours  of  Stonington  satisfaction  for 
the  damage  you  have  done  them  ;  and  also  that  you  agree  with  the  gentlemen 
that  contplayne  they  haue  suffered  by  you,  and  make  them  satisfaction  betwix^ 
this  and  March  next  spring  ;  untill  which  time  we  shall  rest  in  expectation  to 
3ee  what  you  will  doc  in  this  case. 

Signed  per  order  of  the  Governor  and  Assistants.    J.  A  [LLYN] ,  Sec'ry. 

The  season  of  year  being  hazardous  for  trauail,  and  some  of  the  complayn- 
ants  not  appearing  as  well  as  yoursclues,  we  thereby  haue  been  preuented  a 
hearing. 

Letter  from  John  Crandall  and  others  to  the  Governor  of 

Connecticut. 

Onered  Gcntcll  men  :  Yours  bearing  date  November  18,  last  past,  wee  re- 
ceived, wherein  you  wear  pleased  to  signifie  vnto  vs  that  yours  haue  bin  often 
solisited  to  heare  seaverall  complaints  made  against  vs  by  the  inhabitance  o1" 
Stonington,  and  allso  of  other  gentell  men  :  and  that  yours  saw  reason  to 
grant  them  a  time  of  hearing,  and  did  giue  vs  timely  notis  of,  and  wee  did  no* 
apear ;  vnto  the  which  wee  cannot  omit,  but  make  yon  sum  return.  As  to 
that  of  complaint  made  by  the  inhabitance  of  Stonington,  we  do  profess  that 
wee  are  not  sensabell  that  wee  are  in  any  measure  guiltie ;  which  if  wee 
wear,  wee  hope  we  should  have  prevented  their  complaint  by  tendering  satis- 
faction. But  wee  are  very  seusable  of  great  wrongs  that  wee  haue  sustained 
by  them  for  seaverall  yeares  ;  and  as  to  a  time  of  hearing  and  giueing  timely 
notis,  wee  being  by  the  Charter  and  otherwise  subjected  to  another  Colonic' 
could  not  asent  but  with  the  hazard  of  breaking  our  obligacions.  Yet  not" 
withstanding  we  are  much  inclined  to  a  peaceable  and  a  finall  issue  of  these 
diffarances  by  a  legall  prograce  in  law  in  the  jurisdiction  whearvnto  we  do  be- 
long, as  by  whose  authoritie  wee  arc  hear  settled,  where  we  dout  not  but  equal 
justis  will  take  place.  As  for  your  advice  to  agree  with  those  our  neighbours 
of  Stonington  and  the  other  gentellmeu  we  hope  that  your  Colonic  and  ours 
will  in  the  first  place  louveingly  agree,  and  then  wee  epiestion  not  but  there 
will  be  an  agreement  between  vs  and  our  neighbours  of  Stonington,  and  the 
rest  of  the  gentellmen.  JOHN  CRANDALL, 

TOBIAS  SAUNDERS, 
in  the  behalff  of  the  town. 

Scomacut,  this  11th  of  March,  1669-70. 

Superscribed. 

For  the  worshippfull  John  Winthrop,  Esq-,  Governor  of  Coneticut,  to  be 
communicated  to  the  Assistants.  These. 


AND  PROVIDENCE  PLANTATIONS. 


301 


1GT0. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, May  the  ±th,  1670. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  John  Clarke,  Deputye  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  Peleg  Sanford, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  Thomas  Olnye, 

DEPU 

Mr.  John  Coggeshall, 
Mr.  Caleb  Carr, 
Joseph  Torrey, 
Mr.  Edward  Greenman, 
Mr.  Walter  Clarke, 
Mr.  Edward  Smith, 
Mr.  John  Throgmorton, 
Mr.  Thomas  Harris, 
Capt.  Arther  Fenner, 
Mr.  Andrew  Harris, 


Mr.  William  Harris, 
Mr.  William  Baulston, 
Mr.  Joshua  Coggeshall, 
Mr.  Benjamin  Smith, 
Capt.  John  Greene. 

TIES. 

Mr.  John  Tripp, 
Mr.  John  Sanford, 
Left.  John  Albro, 
Mr.  Thomas  Cornell, 
Mr.  Samuel]  Gorton, 
Mr.  John  Weekes, 
Mr.  Richard  Carder, 
Mr.  Edmund  Calverlye, 
Mr.  Steven  Wilcockes, 
Mr.  John  Maxson. 


The  Governor  chosen  Moderator. 
Joseph  Torrey,  Clarke  of  the  Assembly. 
The  persons  chosen  for  publicke  officers  for  the  ensue- 
ing  yeare  are  as  followeth  : 

Mr.  Benedict  Arnold,  chosen  Governor,  engaged. 
Mr.  Nicolas  Easton,  chosen  Deputy  Governor,  engaged. 
Capt.  John  Cranston,  Assistant,  engaged. 
Mr.  John  Coggeshall,  Assistant,  engaged. 


302  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1670.      Mr.  John  Easton,  Assistant,  engaged. 

Mr.  William  Carpenter,  Assistant,  engaged. 
Mr.  Roger  Williams,  Assistant,  engaged. 
Mr.  Thomas  Olnye,  Assistant,  and  engaged. 
Mr.  William  Baulston,  Assistant,  engaged. 
Mr.  John  Tripp,  Assistant,  engaged. 
Capt.  John  Greene,  Assistant,  engaged. 
Mr.  James  Greene,  Assistant,  engaged. 
Joseph  Torrey,  Generall  Recorder,  engaged. 
Mr.  James  Rogers,  Gen'll  Sergant,  engaged. 
Mr.  John  Coggeshall,  Gen'll  Treasurer,  engaged. 
Mr.  John  Sanford,  Gen'll  Atorneye,  engaged. 
Mr.  Edward  Richmond,  Gen'll  Solicitor. 
Voted,  that  Mr.  John  Easton,  Mr.  John  Coggeshall  and 
Mr.  John    Mr.  John  Sanford,  be  requested  to  goe  to  Mr.  John  Clarke, 

Clarke  re-  1  ° 

fl?acegMr9  DePutye  Governor  elect,  to  request  his  appearance  in 
{on'c'hfs'en  Court,  to  take  his  engagement,  or  to  give  his  positive  an- 


in  hi9 
roome 


swer  that  hee  will  not.  The  returne  of  this  Committee  is 
such  that  the  Assembly  sees  cause  to  proceed  to  elect 
another  ;  and  Mr.  Nicolas  Easton  is  chosen  in  his 
roome. 

Voted,  that  Capt.  John  Greene  and  Mr.  Caleb  Carr  be 
sarnfoerd?e  requested  to  goe  to  Mr.  Peleg  Sanford,  elected  Assistant, 
pUac"f  John  t°  desire  him  to  come  to  the  Court  to  take  his  ingagement 
wafchos'en  or  to  give  his  positive  answer  that  hee  will  not :  and  hee 
18  pace' having  refused  to  engage  himselfe,  Mr.  John  Coggeshall 
is  chosen  in  his  roome. 

Voted,  that  the  two  papers  presented  by  Mr.  John 
Clarke,  be  waved  for  the  present. 

Whereas,  there  was  a  differance  about  the  choyce  of  the 
Mr.  wniiam  second  Assistant  for  Providence,  betweene  Mr.  William 

Harris  and  # 

capt  Fen-  Harris  and  Capt.  Arther  Fenner,  which  of  them  was  chos- 

ner  refu?e-  1  ' 

R.f'eJ'wii-  en,  &c;  and  they  both  being  not  very  free  to  accept  vpon 
ii»m3 chosen       doubtfull  termes  ;  therefore,  by  the  Assembly  Mr. 

Roger  Williams  is  chosen  Assistant. 

Ordered,  that  the  Recorders  of  this  Collony  shall  from 

time  to  time  within  twentye  dayes  after  the  dissoulving  of 


AND  PROVIDENCE  PLANTATIONS. 


303 


any  Gennerall  Assembly,  send  forth  the  coppies  of  the  As-  1670. 
semblyes  acts  to  the  severall  townes  of  this  Collony,  and 

"  Coppies  to 

the  townes  shall  have  libertye  for  ten  dayes  after  to  pub- bjj  J»r*  ^ 
lish  them.  court? ana 

There  being  a  petition  presented  by  Benjamin  Hernden  t«  at*ysJ " 
for  the  remitting  of  a  fine  that  was  imposed  on  him  by  the  Pu^;ished- 
Gennerall  Court  of  Trialles,  October  the  20,  1669,  the^Hern- 
Assembly  considering  the  matter  and  the  grownds  alledgedflneremit<;d' 
by  him  in  his  said  petition,  doe  remitt  the  fine. 

Ordered,  that  Mr.  Benjamin  Smith  is  still  continued  in 
commission  with  Capt.  John  Greene  in  that  business  that 
they  were  imployed  in  by  the  Gennerall  Assembly  in 
March  last,  to  treat  with  the  Indians  about  John  Carr. 

Ordered,  that  there  bee  a  gennerall  awditt  to  auditt  all 
debts  that  are  due  to  the  Collony,  and  all  debts  that  are  ' 
demanded  from  the  Collony. 

The  Assembly  considering  the  great  inccnveniaifcye  £n 
that  falls  out  by  obstructing  the  payment  of  rates  for  dis- accouDls- 
charge  of  the  Collony  debts  ;  and  finding  that  the  obstruc- 
tion ariseth  for  a  want  of  knowing  the  state  of  the  Collo- 
ny's  accounts,  which  accounts  ought  to  bee  therefore 
speedily e  auditted,  that  soe  the  aforesaid  obstructions  may 
be  removed,  &c. 

Bee  it  therefore  enacted  by  the  authority  of  this  present 
Assembly,  and  it  is  enacted  by  the  same,  that  there  shall 
be  a  gennerall  auditt  of  the  said  accounts,  and  the  per- 
sones  nominated  and  by  the  Assembly  appoynted  and  dele- 
gated to  heare  and  determine  as  an  auditt  in  that  matter, 
are  Benedict  Arnold,  the  presant  Governor,  John  Sailes, 
Thomas  Cornell  and  John  YVeekes,  Sen'r  ;  and  what  they 
agree  on  as  a  just  account,  shall  be  authenticke  ;  and  where 
they  are  doubtfull,  they  are  to  represent  that  doubt  to  the 
Gennerall  Assembly  for  farther  consideration.  And  far? 
ther  it  is  ordered,  that  the  said  persones  shall  meet  to 
transact  the  said  business  to  auditt  the  foresaid  accounts 
vpon  Tuesday,  the  one  and  twentieth  day  of  June  now 
next  coming,  if  extremitye  of  wether  hinder  not,  which  if 


304 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  it  doe,  then  to  moot  as  soone  as  with  possabillilye  they 
v-^~v-^-' can,  after  that  day  ;  and  the  meeting  to  transact  as  afore- 
said, is  to  be  at  Capt.  Morris'  house,  in  the  towne  of  Newr 
port  ;  as  also  it  is  required  that  such  of  the  Committee  as 
arc  able  to  give  information  of  the  state  of  the  accounts  to 
them  committed  to  gyt  in  of  the  sixe  hundred  pound  rate 
made  in  the  yeare  1GG4,  doe  alsoe  attend  at  time  and 
place  aforesaid,  to  informe  the  aforesaid  auditt ;  and  that 
whosever  else  supposeth  there  is  any  thinge  due  to  them 
from  the  Collony,  doe  make  applycation  to  the  said  auditt 
in  order  to  prove  the  justice  of  their  demands  ;  as  alsoe 
whoever  in  this  jurisdiction  the  said  auditt  shall  see  cause 
to  call  to  give  account  of  any  thinge  that  hath  been  due  or 
supposed  due  from  the  said  person  or  persones  vnto  the 
Collony,  such  person  or  persones  are  to  attend  in  order  to 
make  appeare  how  they  have  discharged  the  same,  that 
soe«the  said  auditt  may  thoroughly  inspect  the  state  of  the 
Collony's  accounts,  and  returne  the  same  to  the  Assembly 
for  a  proceed  in  paying  and  receiving  what  appears  due. 
And  in  case  any  of  the  above  named  auditt  shall  happen  to 
dye  or  to  be  otherwise  disabled  before  the  auditt  be  per- 
fected, then  the  towne  of  which  such  person  is,  shall 
without  delay  meet  and  appoynt  another  to  supply  the 
roome  of  the  said  partye  in  the  said  auditt,  and  wherein 
the  auditt  shall  find  any  towne  defective  when  accounts 
are  auditted  in  the  payment  of  their  part  they  were 
assessed  to  pay  of  the  said  six  hundred  pound  rate,  the 
said  auditt  are  commissionated  and  desired  forthwith  to  re- 
quire such  towne  to  pay  the  same,  and  shall  appoynt  some 
person  to  receive  it,  and  give  discharge  for  the  same  vpon 
receitt  thereof ;  and  if  any  towne  neglect  the  said  auditts 
order  therein  as  to  time  and  manner  of  pay,  then  the 
Treasurer  of  such  towne  shall  be  distrayned  vpon  for  the 
same,  by  warrant  from  the  Governor,  or  to  the  Sheriff  of 
the  Collony. 

The  Audit      There  being  a  motion  proposed  by  Mr.  "William  Harris 

to  ga  her  ' 

caJpteyr»efan  ^°  aPP°ynk  some  to  perswade  to  a  presant  contribution  on 


AND  PROVIDENCE  PLANTATIONS. 


305 


He  Collony's  account  to  pay  Mr.  Richard  Deane,  in  Eng-  1670. 
land,  &c.  The  Court  doe  soe  far  approve  of  the  motion  -^v~w 
that  they  doe  request  those  that  are  appoynted,  to  be  the 
audittors  for  the  worke,  and  doe  request  the  aforesaid  gen- 
tlemen to  doe  what  they  can  as  to  the  accomplishment 
thereof,  and  to  assure  them  that  by  them  it  is  moved  that 
it  shall  be  repayed  them  out  of  the  next  rate. 

The  Assemblv  takeinsr  into  consideration  the  address  GS  Petition  for 

,  u  harbor  oo 

made  by  Mr.  Thomas  Terrey  and  Mr.  Hugh  Williams  of Biock  b»nd 
Block  Island,  desiring  of  the  Assembly  to  order  thaf  they 
that  are  inhabitants  of  the  said  Island  may  have  the  coun- 
tenance of  this  government  in  attempting  and  proceeding 
to  make  a  conveniant  harbour  there,  to  the  incouradsrinsr 
fishing  designes,  which  for  want  of  a  harbour  cannot  com-  « 
fortably  bee  carried  on  ;  and  farther  the  Assembly  being 
very  well  affected  to  carrying  on  the  said  designe  of  fish- 
ing, doe  enact  and  declare,  that  the  said  inhabitants  are 
authorized  to  vse  all  fitting  indev/rs  to  accomplish  the 
same,  and  doe  very  much  commend  their  worthy  inten- 
tions therein,  and  will  vpon  all  occationes  be  ready  by  all 
acts  of  favorable  countinance  to  incorradge  them  therein  : 
and  whereas  it  is  hoped  severall,  both  of  this  Collonyand  oth- 
ers, will  contribute  to  soe  good  a  worke  as  to  make  a  harbour 
in  the  said  Island,  therefore  in  order  to  incorradge  such  as 
shall  contribute  thereto,  it  is  ordered,  that  for  the  presant 
and  till  farther  order,  that  Mr.  Caleb  Carr  and  Joseph 
Torrey,  of  Newport,  be  desired  and  authorized  to  improve 
their  indevers  in  perswading  to  such  contributions  and  to 
keep  account  what  and  by  whome  is  thereto  given,  that 
the  money  may  be  improved  to  the  matter  intended,  and 
not  otherwise  imbezzled  :  provided,  that  the  harbor  shall 
be  as  free  and  common  to  all  his  Majestyes  liege  people  as 
any  other  harbor  in  this  Collony  is  or  shall  be  from  time 
to  time,  without  any  toll  or  impost. 

Ordered,  that  the  Recorder  shall  have  from  each  towne  Record. 


for  each  coppie  of  this  Court's  proceedings  ten  shillings. 
vol.  ii.  39 


er  to  hATe 
ten  =h 
f  r  e»ch 
town  coppie. 


806 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670. 


Proceedings  of  the  Generall  Assembly  held  for  the  Cottony 
of  Rhode  Island  and  Providence  Plantations  at  Newport, 
June  the  7/7/ ,  1670. 

Mr.  Benedict,  Arnold,  Governor. 

Mr.  Nicolas  Easton,  Deputye  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  .John  Easton, 
Mr.  William  Carpenter, 
Mr.  Roger  Williams, 


Mr.  Thomas  Olnye, 
Mr.  William  Baulston, 
Mr.  John  Tripp, 
Capt.  John  Green, 
Mr.  James  Greene. 


DEPUTIES. 


Mr.  John  Clarke, 
Mr.  Caleb  Carr, 
Joseph  Torrey, 
Mr.  William  Weeden, 
Mr.  Richard  Bayley, 
Mr.  Edward  Greenman, 
Mr.  Thomas  Olnye,  Sen'r, 
Mr.  Thomas  Feild, 
Mr.  Steven  Arnold, 
Mr.  Thomas  Roberts, 


Mr.  Joshua  Coggeshall, 
Capt.  Samuell  Wilbour, 
Mr.  Robert  Ilazzard, 
Ensigne  Lott  Strange, 
Mr.  Thomas  Greene, 
Mr.  Job  Almye, 
Mr.  Amos  Westcott. 
Mr.  Samuell  Stafford, 
Mr.  John  Crandall, 
Mr.  John  Randall. 


The  Governor  chosen  Moderator. 

Joseph  Torrey,  Clerk  of  the  Assembly. 

Ordered,*  that  Mr.  Roger  Williams,  Mr.  Rich.  Bailey 


Instruc- 
tion** for  a 
Committee 
to  Conecti- 
cott. 


Appointment  of  Commissioners  by  Rhode  Island  to  treat 
with  Commissioners  from  Connecticut. 

To  all  persons  to  whome  these  presents  shall  come  or  conccrne,  the  Generall 
Assembly  of  his  Majcstycs  Colony  of  Rhode  Island  and  Providence 
Plantations,  in  New  England.  &c.  sendeth  greeting  : 


» 


AND  PROVIDENCE  PLANTATIONS. 


307 


and  Joseph  Torrey  be  desired  to  draw  vp  instructiones  for  1670. 
those  that  shall  be  appoynted  to  treat  with  those  that  shall 
be  commissionated  by  Conetticott. 

Voted,  that  the  instructiones  drawn  vp  and  read  in 
Court,  are  approved  of. 

Wher:as,  wee  are  informed  that  our  beloved  friends  the  Generall  Assembly 
of  his  Majesties  Colony  of  Conecticot,  in  Xew  England,  aforesaid,  haue  ap- 
pointed time  and  place  for  a  loving  treatye,  to  bee  had  between  these  his  Majes- 
ties Colonies  aforenamed,  by  three  persons  of  each  the  said  Colonies  mutually 
chosen  and  therevnto  appointed  and  fully  empowered  by  each  the  said  respec- 
tive Colonies  to  meet  at  New  London,  vpon  the  second  Tuesday  in  June,  in 
1670,  being  the  14th  day  of  the  said  moneth  and  then  and  there  to  treat  off, 
and  if  it  may  bee,  fully  to  conclude  a  finall  accord  betweene  the  said  Colonies 
for  about  and  concerning  boundaries,  and  any  other  matters  of  generall  con- 
cernment between  them  and  us. 

Know  yee,  that  wee  haueing  an  especiall  regard  vnto  a  loueing  correspond- 
ence in  all  waves  of  peace  and  justice  and  friendly  neighbourhood  to  and  with 
all  his  Majesties  Colonies  and  plantations  in  Xew  England  among  or  neere  vn- 
to whome  wee  are  by  Divine  Providence  seated,  and  more  particularly  to  and 
with  our  aforesaid  honored  and  beloved  ffriends  and  countrymen  his  Majesties 
Colony  of  Conecticot.  Wee  haue  therefore,  veadily  and  willingly  accepted  of 
the  aforementioned  time  and  place  for  a  treaty  between  them  and  vs,  by  three 
Commissioners  on  each  part  mutually  chosen  and  impowered  ;  and  to  that  end 
we  haue  chosen,  and  by  these  presents  doe  for  and  in  behalfe  of  his  Majesties 
Colony  of  Rhode  Island  and  Providence  Plantations  aforesaid,  nominate,  ap- 
point, ordaine,  constitute  and  fully  authorize  and  empower  our  trusty  and  well 
beloved  friends.  Capt.  John  Greene.  Assistant,  Lieftenant  Joseph  Torrey, 
Generall  Recorder  and  Clerk  of  the  Assembly,  and  Mr  Richard  Baily,  Secre- 
tary to  the  Councill,  to  repaire  vnto  New  London  in  the  Colony  of  Conecticot, 
and  to  make  a  full  and  finall  accord  of  all  matters  relateing  to  bounds,  or  any 
other  things  of  generall  concernment  between  them  and  vs,  the  two  aforenamed 
Colonies  (according  to  his  Royall  Majesties  gracious  Charter  of  incorporation 
giuen,  granted,  and  committed  vnto  the  trust  of  the  Governor  and  Company  of 
his  Majesties  Colony  of  Rhode  Island,  kc,  and  by  vertue  of  the  same  royall 
power  of  late  by  his  Majesties  Honorable  Commissioners,  more  perticularly  in 
that  part  called  the  King's  Province,  recommended  to  the  more  especiall  care 
of  the  Governor,  Deputy  Governor  and  Assistants  of  this  Colony,  &c).  and 
whatsoever  they  shall  accordingly  doe  therein,  and  giue  vnder  their  hands  and 
seales  shall  bee  as  authenticke  as  if  done  by  this  Assembly ;  and  in  witness 
hereof,  wee  haue  caused  the  seale  of  the  Colony  to  bee  herevnto  affixed,  as  alsoe 
•  the  Governor  hath  herevnto  signed.  BENEDICT  ARNOLD,  Governor. 
Given  by  the  Generall  Assembly  of  his  Majesties  Colony  of  Rhode 
Island  and  Providence  Plantations,  sitting  at  Newport,  this 
the  7th  day  of  June.  1670,  and  in  the  2'2d  yeare  of  his  Majesties 
reigne. 

Signed  by. their  order  per  me, 

JOSEPH  TORREY.  Generall  Recorder, 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670.     Voted,  that  Capt.  John  Greene  is  chosen  to  be  one  to 
^^—^  goc  to  New  London  to  meet  with  Coneticott  Commission- 
ers, Joseph  Torrey  the  second,  and  Mr.  Robert  Baily, 
third. 

The  names  and  sumes  of  such  as  for  the  presant  lay 
Money      downe  money  to  accommodate  those  withall  that  goe  to 

gathered  for  »  0 

mittec.m"  New  London  :  the  Governor,  ten  shillings  ;  Mr.  Carpen- 
ter, eight  shillings  ;  John  Whipple,  one  shilling  ;  Andrew 
Harris,  one  shilling  ;  Mr.  John  Easton,  four  shillings ; 
Capt.  Wilbour,  five  shillings  ;  Mr.  Caleb  Carr,  five  shil- 
lings ;  Mr.  Thomas  Olnye,  two  shillings  ;  Thomas  Rob- 
erts, one  shilling  ;  Mr.  Thomas  Feild,  two  shillings  ;  Mr. 
James  Greene,  two  shillings,  sixpence  ;  Mr.  John  Trip, 
two  shillings  ;  Win.  Wee  den,  three  shillings;  Mr.  John 
Coggeshall,  three  shillings  ;  Mr.  Joshua  Coggeshall,  four 
shillings  ;  Mr.  William  Harris,  five  shillings. 

Ordered  by  the  Court,  that  it  is  and  shall  be  lawfull  for 

committee  those  that  are  commissionated  to  goe  to  New  London  to 

to  press  0 

horses.  presae  any  horse  or  boate  or  any  other  furniture  for  them, 
or  to  transport  them  and  their  horses,  and  to  charge  it  to 
the  Collony's  account. 

Ordered,  that  a  coppie  of  the  agreement  betweene  Mr. 

"rop^nd  J°nri  Winthrop  and  Mr.  John  Clarke,  shall  be  drawne  out 

»grreemernte.'8 vnder  the  Secretary's  hand,  and  the  seale  of  the  Councill 
affixed  thereto,  for  the  aforesaid  Commissioners  to  have 
along  with  them  to  New  London  [see  Colony  Records, 
Vol.  i.  p.  518]. 

Ordered,  that  all  papers  and  writtings  that  are  in  the 
Governor's  hand,  or  Mr.  John  Clarke,  or  Recorder's,  or 
any  man's  hand,  that  may  conduce  to  the  aforesaid  trea- 
tye,  bee  delivered  into  the  hands  of  the  abovesaid  Com- 
missioners, to  furnish  them  the  more  suitablye  for  the 
aforesaid  treatye. 

Ordered,  that  the  Secretary  shall  have  fifteene  shillings 

Thesecreta-for  drawing  over  those  writtings  that  hee  is  to  draw  over 

nfteeneave  for  to  goe  to  the  treatye . 

shillings. 

There  being  a  motion  proposed  that  there  may  be  liber- 


AND  FR0V1DENCE  PLANTATIONS. 


309 


tye  for  to  make  choyce  of  such  places  as  they  may  see  or  1670. 
judge  them  fitt  for  as  Constable,  Sargant,  &c.  v-^^v-*^ 

The  Court  sees  cause  to  refer  the  consideration  to  the 
next  Generall  Assembly. 

Ordered,  that  the  Recorder  shall  have  five  shillings  for  i  he  Record- 

,  in  ,      er  to  have 

each  coppie  of  this  Courts  proceedings  vnder  the  seaie,  fiveshmings 
and  to  fix  the  scale  to  the  Commission  for  the  Commission-  c°pp'c- 
ers  aforesaid. 


DOCUMENTS  RELATING  TO  THE  DISPUTED  JU- 
RISDICTION IN  THE  NARRAGANSETT  COUN- 
TRY. 


✓ 


Proceedings  of  the  General  Assembly  of  Connecticut. 

At  a  General  Court  holden  at  Hartford,  May  12,  1670,  this  Court  Dominates 
and  appoyntes  the  Deputy  Gouernor,  Win.  Leete,  Esq.,  Mr.  John  Allyn.  Mr- 
James  Richards,  Capt.  JohirWinthrop,  and  Capt.  Benj.  Newbery,  or  auy 
three  of  them,  to  be  a  Committee  to  meet  at  New  London  on  the  second  Tews- 
day  in  June  next,  then  to  treat  with  those  gentlemen  that  shall  beappoyuted, 
sent  and  im powered  by  the  Colony  of  Rhode  Island,  about  the  Charter 
bownds  between  these  Colonyes,  and  concerning  any  wrongs  that  the  people 
of  this  Colony  haue  receiued  from  the  people  of  that  Colony  ;  and  they  are 
iuuested  with  full  power  and  authority  not  onely  to  treat  but  to  conclude  the 
differences  forementioned  according  as  they  shall  see  just  cause. 

In  case  the  gouernment  of  Rhode  Island  shall  neglect  or  refuse  to  joyne  with 
us  in  the  treaty  forementioned  to  effect  and  satisfaction,  then  the  sayd  Com- 
mittee are  inuested  with  full  power  and  authority  to  reduce  those  people  of 
Squamaeuk  and  Narrogancett  to  the  obedieuce  of  this  gouernment.  aud  to 
grant  liberty  to  the  grieu'ed  parties  by  a  process  in  law  to  prosecute  those  that 
have  injured  them,  and  to  command  those  people  of  Squamacuck  to  appeare 
before  them  and  make  answer  to  those  complaints  that  are  made  against  them, 
at  a  court  to  be  holden  in  the  Pequitt  or  Narrogancett  country,  the  first  op- 
pertunety  after  the  time  of  the  foresayd  treaty  is  expired.  And  those  afoar. 
sayd  gentlemen  are  hereby  authorized  to  appovnt  a  time  and  place  for  a 
Court,  and  accordingly  to  keep  the  sayd  Court,  and  to  hear  and  issue  accord- 
ing to  justice  all  such  actions  and  complaints  as  shall  be  brought  before  them. 


310 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.   And  allso,  (bey  are  hereby  impowered  to  constitute  and  appoynt  such  officers' 
^^-^m^/  in  those  places  as  shall  be  requisitt  for  the  peaceable  government  of  those 
people. — Col.  Kec.  of  Connecticut . 

Letter  from  Connecticut  to  Rhode  Island. 

Honored  Sirs  :  You  may  hereby  be  informed  that  seuerall  gentlemen  of  the 
Massachusetts  and  the  inhabitants  of  Stonington  wlioe  haue  proprieties  in  the 
Pcqnit  and  Narragancett  country  haue  made  diners  applications  to  this  Court 
declaring  great  wrongs  and  injuries  that  they  haue  receiued  of  the  people  now 
inhabiting  those  lands  as  they  say,  and  haue  declared  thcmselucs  ready  in  a 
legall  way  to  enter  process  by  way  of  action  and  complaint  against  those  per- 
sons who  haue  injured  them,  which  made  the  Court  formerly  to  commission- 
ate  J[ohn]  A[llyn]  and  T[homas]  S [tan ton]  to  treat  with  yonrselue9, the 
(ieuernor  and  Council!  of  Rhode  Island,  coucerning  those  matters,  which  treaty 
was  not  Buccessfull  as  to  the  end  proposed,  yet  the  Court  willing  to  attend  all 
waves  of  peace  with  yon  our  neighbours  of  Rhode  Island,  October,  1668,  made 
another  proposal!  to  said  gouernment  of  a  farther  treaty  at,  New  London,  the 
Nouember  or  March  following,  which  you  should  be  pleased  approue,  and  im- 
powered seuerall  gentlemen  to  attend  the  same  ;  but  this  proposall  was  not 
by  you  attended,  whereby  our  desires  of  a  neighbourly  correspondency  with 
your  selues  were  disappoynted  ;  since  which  time  in  October  last  we  certyfied 
seuerall  of  those  whoe  were  complayued  of,  that  we  had  appoynted  a  Commit 
tee  the  third  Wednesday  in  the  Nouember  following  to  hear  those  complaynts  ; 
but  none  of  them  appeared  before  the  Committee  the  time  prefixed.  Then  the 
sayd  Committee  by  letter  to  Mr.  John  Crandall,  See.,  aduised  them  to  endea* 
uoura  loueing  agreement  witli  those  who  complayued  of  them,  but  nothing  hath 
been  endeauoured  that  way  that  we  hear  of ;  these  seuerall  motions  of  ours 
proueing  so  ineffectual!  to  the  promoting  of  peace  between  us,  hath  allmost 
discouraged  us  from  any  farther  labor  in  that  matter.  Rut  being  still  followed 
witli  renewed  complaynts  from  the  persons  aforesayd,  we  are  willing  to  make 
an  other  essay  for  a  peaceable  issue  if  it  may  bee  obteyned  ;  and  in  order 
therevnto,  we  propound  that  if  you  please  to  attend  it,  we  haue  nominated 
and  approued  three  or  fowre  gentlemen  to  meet  with  so  many  of  yours  at  New 
London  the  second  Tuesday  in  Juue  next,  fully  to  determine  all  differences  be- 
tween you  and  us  in  refference  to  the  setling  of  our  just  bownds,  &c,  and  shall 
attend  the  same  ;  if  youreselucs  see  cause  to  signify  your  concurrence,  and  that 
you  will  attend  the  same  ;  but  in  case  you  shall  be  pleased  to  slight  and  neg- 
lect this  proposall,  we  shall  conclude  it  in  vayne  further  to  moue  towards  you 
in  such  waye,  and  shall  address  our  selues  to  put  in  practice  what  duty  re- 
quires of  us  in  order  to  the  releif  of  our  oppressed  neighbours,  which  will  be  a 
seruice  we  doubt  not,  acceptable  to  God  and  pleasing  to  our  Soueraighn  1 
which  is  al!  at  present  from  your  most  affectionate  reall  freiuds,  the  General- 
Assembly  of  Conecticut.    Signed  by  their  order  per  me, 

JOHN  ALLYN,  Secry. 

These,  for  the  worshipfull  and  much  hououred  the  Uouernor  of  his  Majes- 
ties Colony  of  Rhode  Island  and  Providence  Plantations. 


AND  PROVIDENCE  PLANTATIONS. 


311 


1670. 

Petition  of  George  Denison  and  others  to  the  Generall  As-  v-^^ 
sembly  of  Connecticut. 

May  the  13th,  1670. 
To  the  Honored  General!  Assembly  of  the  Collonie  of  Conecticot  now  sit- 
ting at  Hartford,  the  hambly  petition  of  the  inhabitants  of  Stoningtown, 
humbly  sheweth  : 

That  whereas,  as  your  petitioners  haue  bin  great  sufferers  by  the  illegall 
and  foreable  intrutiones  of  a  sertaine  company  of  persons  from  Road  Island 
vpon  oure  touneship.  vnto  our  extreame  trouble  and  damage,  the  which  hath 
obliged  us  to  apply  to  your  honored  seines  for  reJeefe,  the  which,  together 
with  the  motion  of  the  Commitioners  of  the  vnited  Collonies,  hath  so  prevail- 
ed, as  that  by  your  authority  there  was  a  Committee  chosen  and  apoynted  to 
heare  our  complaints,  etc. :  vnto  whome  also  we  haue  made  our  addreses  by 
our  agents  j  and  also  "by  our  petition,  wherein  as  breefly  as  we  could,  we  in_ 
devored  to  make  them  sencable  of  our  opresticss  and  tLe  great  nesesity  of  ex- 
zerting  their  authority  in  our  behalfe ;  and  although  tbey  jaw  cause  not  to  put 
forth  any  ackt  of  power  for  the  suppressing  qf  our  opressors.  yet  we  receiued 
incoragement  from  them,  that  at  this  Generall  Assembly  there  would  be  sume 
effectuall  course  taken  in  the  case,  in  expectation  whereof,  and  in  reference 
therevnto  that  this  Honored  Court  may  be  more  sencable  of  our  condition  and 
sufferings,  we  humblye  crane  that  you  would  b^.  pleased  to  take  a  vew  of  our 
petition,  presented  vnto  the  Committee,  wherein  there  is  in  sume  meassure  onr 
case  declared,  as  also  that  we  may  haue  opertunity  giuen  us,  as  need  and  oca" 
tion  shall  bee,  to  speak  for  ourselues,  and  we  shall  contenue  to  pray. 
GEORGE  DENISON,  THO:  STANTON, 

AMOS  RICHARDSON.  SAMUELL  CHESEBROUGH. 

In  behalfe  and  by  order  of  the  inhabitants  of  Stonington. 

Governor  Winthrop's  dissent  from  the  exercise  of  power  east 
of  Pawcatuck  river. 

To  the  Honored  Generall  Assembly  row  at  Hartford,  in  Concctieutt 
Colony. 

Whereas,  there  was  a  write ing  drawne  of  the  advice  of  some  gentlemen 
in  England  for  agreement  betweene  Mr.  John  Clarke  of  Road  Island  and 
myself,  about  some  limitts  betweene  the  Colony  of  Couecticutt  and  Road 
Island,  which  said  writing  was  likewise  signed  and  sealed  by  Mr.  Clarke 
and  myselfe  interchangeably :  and  whereas  thf  re  hath  beene  motions  for- 
merly from  our  Court,  to  the  Court  of  Road  Island,  for  a  treaty  ber 
tweene  some  from  them,  and  some  from  our  Court  impowered,  which  by 
some  accidents  could  not  yet  be  accomplished ;  and  whereas  in  respect 
to  that  foresaid  writing,  the  Court  was  pleased  to  give  me  liberty  from 
acting  in  any  matters  which  concerne  those  parts  in  difference  betweene 
this  Colony  and  Road  Island  vntill  these  differences  in  the  said  writing 
mentioned  should  be  issued  according  to  the  intent  cf  the  said  writing; 
in  consideration  of  which  premises,  I  am  necessetated  heerby  to  make 
kuowne  to  this  honorable  t'onrt  my  dissert  from  exerting  power  of  jqris- 


:U2 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1(370.    diction  over  the  people,  on  the  cast  side  of  Pawoattiok  river  and  N'an;.- 

_  . gansetl  country,  vntill  1  is  Majesties  pleasure  be  further  knowne,  or  the 
matters  issued  by  a  treaty  between  Boire  impowered  from  tins  Colony 
and  Road  Island.  JOHN  WINTIIUOP,  Gouernor. 

May  17,  K>70. 

Proceedings  of  the  Commissioners  of  Connecticut  and  Rood 

Island. 

New  London,  June  14th,lG70. 

We  began  our  treaty  with  the  gentlemen  commissionated  by  the  Colony 
of  Rhode  Island,  und  proceeded  as  follows,  they  resolueing  not  to  treat 
any  other  wise  but  by  writing. 

Gentlemen  :  Seeing  you  desire  to  haue  us  make  our  demands  of  you  in 
writing,  to  accommodate  you  therein,  first  demand  that  you  may  know 
our  demands.  That  which  we  shall  begin  with  is  to  demaid  of  your  Colo- 
ny that  we  may  haue  quiately  and  peaceably  goucrnment  and  improue- 
ment  of  all  that  part  of  his  Majesties  dominions  granted  to  us  by  Charter, 
dated  Aprill  23,  10(32,  in  the  fourteenth  year  of  his  reign,  which  arc  thus 
abutted  01:  the  east  by  Narrogancett  river,  commonly  called  Narrogan- 
cett  Bay,  where  the  sayd  river  falleth  into  the  sea,  and  on  the  north  by 
the  lyne  of  the  Massachusetts  plantation,  and  on  the  south  by  the  sea; 
and  in  longitude  as  the  lyne  of  the  Massachusetts  Colony,  running  from 
east  to  west :  that  is  to  say,  from  the  Narroganoett  Bay  on  the  east,  to 
the  south  sea  on  the  west  part,  with  the  islands  thereunto  adjoining  ;  part 
j if  which,  some  vnder  pretence  of  authority  frcm  your  Colony,  haue  dis- 
turbed some  of  ours  in  the  possession  and  improuement  thereof. 

J[OIIN]  A]LLYN],  [Capt.]  J[OHN]  W[1NTHR0P]. 

J[AMES]  K[ICIIAHDS1. 

Letter  to  the  Commissioners  in  behalfe  of  the  Colony  of 

Connecticut. 

New  London,  June  14th,  1070. 
Gentlemen:  In  answer  to  yours,  dated  this  day,  wee  reply:  that  by 
the  N.arragansett  river  or  Bay,  you  intend  that  river  which  hath  been 
owned  by  the  agents  of  both  Colonies  to  bee  the  Narragansett  river  men- 
tioned in  your  grant,  and  which  by  his  Majesties  gracious  Charter 
granted  to  vs,  is  beyond  all  exception  determined  to  bee  the  Narragan- 
sett river,  nominated  as  the  eastern  bounds  of  your  Colony,  and  the 
western  bounds  of  ours,  and  expressly  defined  to  bee  the  Narragansett 
river  mentioned  in  your  Charter;  then  wee  agree  it  shall  for  ever  soe  bee 
and  remaine  ;  but  if  you  meane  any  other,  then  wee  desire  you  would 
plainly  and  clearly  declare  vnto  vs  what  river  you  intend,  and  wee  shall 
returne  you  a  positive  answer.  JOHN  GREENE, 

JOSEPH  TORRE Y, 
RICHARD  BAILY, 
Commissioners  on  the  behalfe  of  his  Majesties  Colony  of  Rhode  Island 
and  Providence  Plantations,  Sec. 

To  the  gentlemen  Commissioners,  in  behalfe  of  his  Majesties 
Cfllony  of  CQ  iecticctt.    These  present.     Att  New  London. 


AND  PROVIDENCE  PLANTATIONS. 


313 


Second  reply.    Gentlemen  :  To  yours  we  reply,  that  by  Narrogancett  1670. 
river,  we  mean  that  which  was  granted,  and  kuowne  by  that  name  then,  ^^^-^ 
and  more  than  thirty  yeares  before,  and  not  any  river  new  named  since 
our  Charter  was  granted.  J[OHX]  AfLLYN]. 

J  [AMES]  R[ICHARDS], 
New  London,  June  14,  1670.        fCapt.]  J[OHN]  YV[INTHROP] . 
Gentlemen  :  To  yours  wee  return,  that  that  river  only  can  be  con- 
ceived to  bee  the  Narragausct  river  mentioned  in  your  Charter  which  his 
Majestie  hath  declared  hee  did  intend  by  that  name  at  the  time  of  your 
grant.  JOHN  GREENE, 

JOSEPH  TORREY, 
RICHARD  BAILY, 
Commissioners  on  behalfc  of  his  Majesties  Colony  of  Rhode  Island  and 
Providence  Plantations. 

To  the  gentlemen  Commissioners  for  his  Majesties  Colony  of  Conecti- 
cott.    These  present.    At  New  London. 

Third  reply.  Gentlemen  :  We  concurr  with  you  that  that  river  onely 
can  be  conceiued  to  be  the  Narragancett  river  mentioned  in  our  Charter 
which  his  Majestie  hath  declared  in  our  grant  he  did  intend  by  that  name 
at  the  time  of  our  grant,  which  was  that  which  was  commonly  kuowne 
by  that  name  of  Narrogansett  river,  there  be  witnesses  enough  sufficient- 
ly acquainted  in  these  parts  of  the  country,  that  can  fully  informe  you 
where  Narrogancett  river  is  and  hath  been  kuowne  to  be  many  years. 
Sirs,  if  it  be  3-our  pleasure  to  treate  with  us  in  writing,  and  intend  to 
moue  therein  as  you  begin,  its  possible  we  may  more  weary  one  another 
than  add  any  thing  to  the  promoteing  of  a  peaceable  agreement  between 
those  two  Colonys  whose  agents  we  are,  but  we  are  attending  to  receiue 
your  promised  answer  to  our  former,  sent  you. 

J[OHN]  A[LLYN], 
J[AMES]  R[ICHARDS], 

New  London,  June  15,  1G70.      [Capt.]  J[OHN]  W[INTHROP]. 

New  London.  June  15,  1670.. 

Gentlemen  :  His  sacred  Majesty  whose  prerogative  it  doubtless  is  to. 
•expound  the  words  of  his  own  grant  (for  the  issueiug  of  all  disputes)  hath 
declared  Pacatuck  alias  Pawcatuck  river,  shall  forever  bee  construed  ^ 
■deemed  and  taken  to  be  the  Narragansett  river,  mentioning  our  Charter 
as  the  easterly  bounds  of  your  Colony ;  our  gracious  Soveraigno 
haveing  thus  clearely  demonstrated  who  and  what  the  Narragansett  riuer 
is,  wee  suppose  noe  subject  will  presume  to  say  it  is  any  other;  but  if 
the  said  Pawcatuck  river  bee  not  that  you  intend,  pray  lett  vs  know  in 
what  part  of  the  country  your  Xarraganset  river  is,  and  wee  shall  wait 
vpon  you  in  all  just  wayes  that  may  conduce  to  settle  a  peaceable  and, 
final  agreement  between  you  and  vs.  JOHN  GREENE, 

JOSEPH  TORREY, 
RICHARD  BAILY, 
Commissioners,  in  behalfe  of  his  Majesties  Colony  of  Rhode  Island  and 

Providence  Plantations. 

For  the  gentlemen  Commissioners  for  his  Majesties  Colony  of  Conecti-- 

cot.  These. 
VOL.  II.  40 


314 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GT0.  Fourth  reply.  Gentlemen:  To  reiterate  the  same  thing  againe  and 
t  .  againe  is  tedious  and  unprofitable,  you  cannot  but  clearly  understand  our 
demand  and  what  we  intend  by  Narrogancet  riuer  or  Bay,  ^c. ;  you 
know  (  ur  demands,  please  to  giuc  us  a  positiue  answer,  either  in  the  af- 
firmatiue,  or  if  in  the  negatiue,  your  reasons,  and  that  will  soone  bring 
us  to  the  marrow  of  our  debate.  As  to  what  yon  speakeof  Majesties  pre- 
rogative, we  doe  rot  justle  with  that ;  what  we  labour  in  is  to  manifest 
that  we  doe  not  slight  but  meynteyne  what  ever  of  his  abundant  grace  be 
hath  freely  our  Charter  granted  us. 

J[OHN]  A[LLYX], 
J  [AMES]  RflCHARDS], 
New  London,  June  15,  1670.         [Capt.]  J[OBN]  W[INTHEOP]. 

New  London,  June  1"),  1670. 
Gentlemen  :  Wee  cannot  but  admire  you  should  complaine  of  reitera- 
tions. We  haue  clearly  signified  wbatwec  vndcrstand  to  bee  the  Narragan- 
sett  river  mentioned  in  your  Charter,  but  haue  not  rcceived  soc  much  as  a 
line  from  you  that  can  intimate  where  you  suppose  the  said  Narragancett 
riuer  to  bee.  If  you  please  to  specific  any  other  to  bee  it  besides  that 
commonly  knowne  by  the  name  of  Pawcatuck,  wee  shall  discourse  there- 
vpon  with  you.  If  you  will  vndertake  to  make  good  such  an  assertion, 
all  the  neighbour  Colonies  know  that  not  only  by  virtue  of  our  Charter 
by  a  more  speciall  commission  derived  from  his  Majestic  Wee  have  for 
severall  yeares  exorcised  jurisdiction  to  the  said  i'awcatuck  river,  and 
that  the  inhabitants  of  the  Nahantick  or  Nan  agangsett  countries  (haue 
without  any  scruple),  yielded  obedience  to  the  authority  there  established 
by  vs  ;  and  some  of  Conecticot  Colony  haue  applied  thcmselues  for  jus- 
tice vnto  the  officers  there  constituted,  and  alsoe  made  theire  addresses 
vnto  our  Generall  Court,  complaining  of  some  injuries  there  sustained. 
Wee  hope  you  will  noe  more  demand  our  reply  to  incertainties,  but 
clearly  signifie  where  you  fix  your  bounds,  which  will  bee  a  very  hope- 
full  expedient  to  put  a  period  to  these  (as  you  say)  tedious  objections. 

JOHN  GREENE, 
JOSEPH  TORRE  Y, 
RICHARD  BAILY, 
Commissioners  on  behalfe  of  his  Majesties  Colony  of  Rhode  Island  and 

Providence  Plantations. 
To  the  gentlemen  Commissioners  of  Conccticut,  &c. 

Fifth  reply.  Gentlemen:  We  cannot  but  admire  with  you  that  when 
we  >peake  playne  English,  it  should  be  so  difficult  for  you  to  understand 
US.  By  Narragancett  riuer  or  Bay,  we  haue  told  you  we  mean  that  riuer 
or  Bay  which  hath  been  known  by  that  name  this  thirty  yeares,  both  by 
English  and  Indians.  As  yet  wee  doe  not  understand  that  Pawcatuck 
was  euer  called  Narragancett.  When  our  Charter  was  granted,  we  sup- 
posed some  of  yourselues  know  that  better  than  us  ;  yet  if  you  please  in 
behalfe  of  your  Colony  to  engage  not  to  interrupt  us  in  that  peaceable 
improuement  of  our  lands,  and  exercise  of  goucrnment  to  Narragancett 
Bay  or  riuor.  wo  will  call  sufficient  euidence  that  shall  shew  you  and  us 


AND  PROVIDENCE  PLANTATIONS. 


315 


which  is  the  Narragancett  riuer  or  Bay.  As  for  the  addition  mentioned,  1670. 
of  a  speciall  commission  besides  your  Charter;  we  know  not  what  you  in- 
tend  by  it ;  we  haue  not  seen  any  such  commission,  that  you  haue  exer- 
cised power  to  Pawcatuck  riuer.  We  doubt.not  but  how  regular  we  query, 
for  the  submission  that  hath  been  yeilded  to  your  power  by  the  people  ; 
yoii  mention  wo  are  strangers  to  it,  we  haue  cause  to  question  whither 
it  were  not  forced  than  by  choyce,  at  least  with  many,  and  for  what  you 
mention  of  addresses  made  to  your  Generall  Assembly,  &c.i  by  soine  of 
ours,  we  are  ignorant  of  it  yet  we  doe  not  see  that  you  proue  that  your 
so  doeing  was  regular,  or  that  it  did  giue  you  any  lawfull  power  or  righte 
to  exercise  goucrnment  ouer  them,  no  more  than  our  Generall  Courts 
complaining  to  you  of  wrongs  our  people  haue  receiued  by  yours,  giues 
you  power  to  exert  authority  our  them.  Gentlemen,  we  rest,  way  ting 
your  performance  of  your  promise  to  us  in  j'our  former. 

J[OHN]  A[LLYN], 
J[AMES]  R[ICHARDS], 
New  London,  June  15,  1670.        [Capt.]  J[OHN]  W[INTHROI']. 

New  London,  June  15,  1670. 
Gentlemen:  Wee  haue  waited  some  certain  information  from  you 
whereabouts  the  river  you  call  Narragansett  river  is  which  you  claime 
for  the  eastern  bounds  of  your  patent.  Wee  knowing  noe  other  riuer 
called  by  that  name,  but  that  already  determined  by  his  Majestic,  to 
witt :  Paucatuck,  alias  Pawcatuck.  Neither  dare  wee  owne  any  other 
besides  that  which  is  soe  expressly  declared  by  his  Majestie  to  bee  the 
Narragansett  river  mentioned  in  your  Charter  as  needeth  noe  explica- 
tion, vnto  which  said  river  wee  haue  full  power  of  jurisdiction,  not  only 
by  vertue  of  his  Majesties  royall  grant,  but  also  more  perticularly  in  that 
part  called  the  King's  Province  recommended  to  the  more  especiall  care 
of  the  Governor,  Deputy  Governor  and  Assistants  of  our  Colony  by  his 
Majesties  Honorable  Counir  issioners  order  vnder  their  hands  and  seales; 
in  obedience  wherevnto  wee  have  exercised  authority  accordingly,  and 
the  inhabitants  thereof  haue  voluntarily  submitted  therevnto  ;  and  as  for 
many  persons  that  haue  or  shall  address  themselues  to  our  Courts  for  jus- 
tice, wee  shall  (as  God  shall  enable  vs)  administer  the  same.  Gentle- 
men, for  a  further  manifestation  of  our  willingness  to  come  to  an  agree- 
ment, wee  declare  that  wee  are  ready  to  impower  persons  to  lay  out  the 
division  line  which  is  by  his  Majesties  order  to  run  from  the  said  river 
to  the  south  line  of  the  Massachusetts  Colony,  as  the  bounds  between 
you  and  vs.  JOHN  GREENE, 

JOSEPH  TORRE Y, 
RICHARD  BAILY, 
Commissioners  in  behalfe  of  Rhode  Island,  &e.- 
To  the  gentlemen  Commissioners  in  behalfe  of  Conecticot,  &c. 

Sixth  reply.  We  doubt  not  but  you  fully  understand  our  bounds  ac- 
cording to  Charter,  and  that  the  riuer  that  falls  into  the  sea  or  Bay  of 
Narragancett,  mentioned  in  our  Charter,  is  that  riuer  that  ruuns  down 


316 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1  670.  M'"-  I'dackstone's  ai:d  meets  with  the  salt  water  within  three  miles  be- 
,low  tlio  sayd  Blackstone's  house;  we  need  not  therefore  farther  explaine 
And  (if  we  mistake  you  not)  your  answer  is  in  the  negative  that  you  will 
not  agree  with  us  in  ..nr  demands,  hut  seem  fully  to  assume  got  eminent 
OU<  r  all  the  lands  heyound  Pawcatuck  riuer.  Your  reasons  are  ground- 
ed on  your  Charter  which  (allso)  includes  the  agreement  and  his  Majes- 
ties Commissioners  recommendation,  &C,  to  which  we  answer  that  coin- 
pareing  the  dates  of  the  respective  Charters,  wo  find  ours  the  first 
granted  ;  and  so  of  right  ought  to  take  place,  and  as  to  the  agreement 
(which  is  the  ground  of  your  nonohstantee),  and  the  perticuler  pretended 
security  of  your  Charter,  we  are  ready  to  offer  and  attend  a  personal] 
treaty  which  we  judge  the  most  hopcfull  expedient  for  a  speedy  issue  ; 
and  a<  to  what  you  speake  of  his  Majesties  Commissioners,  their  recom- 
mendation, &c.  VVh9n  that  appeares,  we  haue  farther  to  discourse  on 
that  acount.  J[OHN]  A[LLYN], 

JfAMES]  RflCIIARDS], 
New  London.  June  15,  1G70.    [Capt.]  J[OIIN]  WflNTIIROP],  &c. 

New  London,  June  15,  1G70. 
Gentlemen  :  Wee  doe  not  (nor  never  did)  vnderstand  that  the  river 
that  runs  downe  by  Mr.  lllaekstone's,  and  meets  with  the  salt  water 
within  three  miles  of  the  said  Mr.  Blackstonc's  house,  is  the  Narragansett 
river  mentioned  in  your  Charter:  hut  if  you  will  affirme  that  to  bee  it, 
wee  answer  in  the  negative,  and  shall  attend  a  personal!  treaty  according 
to  your  offer.  JOHN  GREENE, 

JOSEPH  TORREY, 
RICHARD  BAILY, 
Commissioners  on  bchalfe  of  Rhode  Island,  &c. 
To  the  gentlemen  Commissioners,  in  bchalfe  of  Conecticot,  &c. 

Seventh  reply-  In  answer  to  this  paper,  wc  tould  the  gentlemen  sub- 
scribed, we  would  of  tin;  morrow  morning  meet  them,  and  treat  with 
them.  J[0I1N]  AfLLYN], 

J[AMES]  R[ICIIADS], 
June  I.'.,  1G70.  [Capt.]  JfOHN]  WflNTIIROP]. 

New  London,  June  lG,  1G70. 
Gentlemen  :  Wee  did  desire,  and  you  did  agree  that  your  demands 
should  be  in  writing     Wee  are  therefore  attending  for  an  answer  of  our 
last  to  you,  which  when  wee  haue,  wee  shall  be  ready  to  make  good  our 
promise.  JOHN  GREENE, 

JOSEPH  TORREY, 
RICHARD  BAILY, 
Commissioners  on  behalfe  of  Conecticot,  &c. 

New  London,  June  16,  1G70. 
Eighth  reply.    In  answer  to  this,  we  tould  the  gentlemen  subscribed, 
that  according  to  our  promise  the  last  night,  we  wayted  upon  them  for  a 
trcety.  J[OHNJ  AfLLYN], 

JfAMES]  RflCHARDS], 
June  16,  1670.  [Capt.]  JfOHN]  WflNTHROP]. 


AND  PROVIDENCE  PLANTATIONS. 


317 


New  London,  June  16,  1670.  1G70. 

Gentlemen  :  Wee  hoped  you  would  liaue  giuen  vnder  your  hand.-'  this 
morning,  that  as  your  vnderstandings  which  last  night  did  seeme  soe 
plaine  to  you  that  (you  sayd)  you  did  not  doubt  but  it  was  our  vnder- 
standings alsoe ;  but  .seeing  you  are  willing  wee  should  belieue  that 
which  you  will  not  assert,  and  will  not  affirme  where  Narragansett  river 
is,  that  wee  might  know  how  farr  (you  say)  your  jurisdiction  doth  extend, 
and  soe  come  to  a  treaty  accordingly  ;  wee  doe  hereby  signifie  that  wet? 
doe  fully  and  plainly  vnderstand  Pacatuck,  alias  Pawcatuek  river,  to  be 
the  Narragansett  river  mentioned  in  your  Charter.  And  this  our  vnder- 
standing  is  not  grounded  vpon  the  vncertaine  or  various  reports  of  either 
English  or  Indians,  but  vpon  his  Majesties  gracious  and  absolute  deter- 
mination in  that  respect.  And  whereas,  in  his  Majesties  will  and  plea- 
surf-,  that  in  all  matters  of  publick  controversy  which  may  fall  out  be- 
tween our  Colony  and  any  other  of  his  Majesties  Colonies  in  New  Eng- 
land, it  shall  and  may  bee  lawfull  to  and  for  the  Governor  and  Company 
of  our  Colony  to  make  their  appeale  to  his  Majestie,  his  heires  and  sue-  . 
cessors,  for  redress  within  his  realme  of  England,  wee  doe  in  pursuance 
thereof,  and  in  obedience  thereunto  declare  that  in  case  you  refuse  to  l  i  st, 
sattisfied  in  his  Majesties  determination;  but  shall  exercise  jurisdiction 
within  the  bounds  of  our  Charter :  wee  doe  in  behalfe  of  the  Governor 
and  Company  of  his  Majesties  Colony  of  Rhode  Island  and  Pro\  idence' 
Plantations,  &c,  appeale  vnto  his  Majestie  for  redress  within  his  realms 
of  England  ;  and  in  the  meane  time  and  vntill  his  royall  pleasure  bee  de- 
clared, wee  shall  in  a  faithfull  discharge  of  the  trust  reposed  in  vs  by  his 
sacred  Majestie,  governe  and  rule  the  people  inhabiting  within  our  Colo- 
ny, according  to  justice  and  equity,  as  for  severall  yeares  we  haue  done. 

JOHN  GREENE, 
JOSEPH  TORREY, 
RICHARD  BAILY, 
Commissioners  in  behalfe  of  Rhode  Island,  &c- 

To  the  gentlemen  Commissioners  of  Conecticot,  &c. 

Ninth  reply.  Gentlemen  :  We  understand  not  your  method  in  your 
last  paper.  We  judge  the  present  occasion  of  our  meeting  was  a  loueing 
treaty  for  an  accommodation  between  the  two  Colonyes  ;  in  order  to  that, 
we  had  thoughts  of  some  accommodating  proposalls,  had  you  been  pleased 
to  haue  giuen  us  the  opportunety  in  a  personall  treaty  ;  but  seeing  you 
resolue  to  break  of  your  treaty  here,  and  assert  your  right  of  gouern- 
ment  to  Pawcatuek  river  notwithstanding  the  priority  of  our  Charter,  but 
allso  positiuely  contrary  to  your  agents  agreement  (although  by  you 
promised),  you  will  not  so  much  as  treat  about,  we  can  doe  no  less  than 
(as  we  haue  formerly  and  now  agayne  made  our  just  demands  according 
to  the  premises)  farther  consider  and  attend  what  is  our  duty  for  the 
peaceable  .and  religious  gouernment  of  those  put  under  our  care,  not 
doubting  but  in  so  dooing,  wee  shall  be  well  able  to  justify  and  defend 
ourselues  before  his  Majestie,  when  we  are  called  thereunto. 

J[OHN]  A[LLYN], 

J[AMES]  R[ICHARDS], 
New  London,  June  16, 1670     [Capt.]  J[OHN]  W[INTHROP], 


318  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1670.  The  eucning  nfter  the  treaty  was  issued,  this  we  read  at  Q-eorge 
v^^_^/  Tongs  house,  in  New  London  ;  whereas,  we  liaue  been  authorised  by  his 
Majesties  Colony  of  Conecticott  to  treat  with  the  gentlemen  eommig- 
sionated  by  the  Generall  Court  of  Rhode  Island,  &.c,  to  make  a  full  and 
finall  aCc'tfro!  of  all  matters  relating  to  bownds,  &c  ,  between  them  and 
Us,  we  thought  good  publiquely  to  declare  that  we  haue  attended  the 
same  according  to  our  best  skill ;  and  yet  finding  our  indeauours  inef- 
fectual! for  the  attayning  of  such  an  accommodation  as  we  hepe  for,  wo 
purpose  as  God  shall  enable  us,  to  proceed  in  the  establishing  of  gouern- 
ment  at  Squamacuck  and  Narrogancett,  constituting  and  appoynting  such 
necessary  officers  amongst  them  as  may  be  requisite  for  the  peaceable 
and  religious  gouernment  of  those  sayd  people,  according  to  the  com- 
mission we  haue  recciued  from  his  Majesties  Generall  Court  of  Conccticut. 

J[OIIN]  AfLLYN], 
J[AMES]  R[ICHAR1)S], 
New  London,  June  16,  1670.      [('apt.]  J[OIINj'  W[INTHROP], 

Acts  of  the  Commissioners  of  Connecticut   assembled  at 
Wickford,  $-c. 

Whereas,  our  most  gracious  Soueraigne  Lord,  Charles  the  Second,  of 
England,  Scotland,  France  and  Ireland,  King,  defender  of  the  faylh, 
hath  of  his  princely  care,  wisdome  and  goodness  prouided  for  the  gou- 
ernment of  his  subjects  planted  in  this  Colony  (as  by  his  royall  Charter 
under  the  great  seale  of  England,  bearing  date  23d  of  April!,  in  the  fowr- 
teenth  yeare  of  his  Majesties  raign  may  appeare),  in  which  sayd  Charter 
the  gouernment  of  the  people  inhabiting  within  the  limitts  granted  to  this 
Colony  of  Connecticutt,  is  commended  and  committed  to  the  care  of  the 
Gouernor  and  Councill  or  Generall  Assembly  of  this  Colony,  which  sayd 
Generall  Assembly  for  seuerall  yeares  haue  been  followed  with  com- 
plaints and  petitions  from  seuerall  gentlemen  and  others,  inhabitants 
and  proprietors  of  the  Pequit  and  Narrogancett  country  (whoe  undoubt- 
edly under  the  gouernment  of  this  Colony,  both  by  Charter  and  agree- 
ment between  our  Gouernor  aud  Mr.  Clarke),  whoe  haue  earnestly  sought 
for  a  settlement  of  gouernment  amongst  them,  that  they  might  be  pro- 
tected In  wayes  of  Godlynes  and  honesty.  The  sayd  Court  of  Conecti- 
cutt  haueing  endeau'ou'red  by  amicable  meanes  and  treaties  to  settle  an 
accord  or  agreement  between  this  Colony  and  Rhode  Island  Colony,  &c. 
But  yet  findeing  all  endeauours  fruitless  and  ineffectual!,  the  sayd  Gen- 
erall Court  of  Conecticutt  haue  themselues  been  obliged  to  consider  further 
of  the  matter,  and  to  renew  and  establish  gouernment  in  those  places,  and 
accordingly  haue  impowered  us  as  Commissioners,  whoe  in  the  name  of 
the  Generall  Court,  doe  declare  that  the  people  of  Squamacuck.  being 
part  of  the  township  of  Stonington,  are  of  right  under  the  gouernment  of 
this  his  Majesties  Colony  of  Conecticutt,  aud  we  doe  by  their  order  in 
his  Majesties  name  require  you  to  submit  to  the  gouernment,  whoe  will 
.  be  carefull  to  administer  equall  justice  to  you,  and  not  disturb  you  in  the 
quiat  possession  of  your  just  rights.       JOHN  ALLYX, 

JAMES  RICHARDS, 
Stonington,  June  17,  1670.  [Capt.]  JOHN  WINTHROP. 

Commissionated  by  his  Majesties  Colony  of  Conecticutt. 


AND  PROVIDENCE  PLANTATIONS. 


319 


John  Frinck  was  by  a  warrant  ordered  by  us  to  warne  the  inhabitants  1670. 
of  Stonington  resident  on  the  east  side  of  Pawcatuck  riuer  to  appeare  at 
Capt.  Gcokin's  house  this  17th  of  June.  1G7U,  to  attend  what  we  had  to 
comur unicate  to  them,  which  was  the  aboue  written  declaration  ;  but  they 
not  appearing,  the  declaration  was  publiquely  and  audibly  read  (by 
Sainuell  Cheesebrough,  Marshall  pro  tempore)  on  Capt'n  Gookin's  land,  in 
the  audience  of  diuers  witnesses. 

The  night  followeing,  we  had  intelligence  that  Tobias  Sanders  had 
granted  a  warrant,  by  which  warrant  James  Badcocke,  Sen'r,  had  Ar- 
rested said  John  Friuke,  Benj.  Palmer  and  Thomas  Bell,  and  that  the 
said  Fiink  was  sent  to  Rhode  Island  goale ;  upon  which  we  granted  this 
followeing  warrant. 

To  Marshall  Cheesebrough,  Marshall  protempore  : 

These  are  in  his  Majesties  name  to  will  and  require  you  to  take  to  you 
sufficient  ayd,  and  forthwith  to  goe  ouer  the  riuer  of  Pawcatuck  to  those 
people  that  are  there  planted,  and  to  warne  Tobias  Saunders  and  James 
Badcock,  Sen'r,  persjnally  to  appeare  before  us  at  Mr.  Stanton's  house, 
or  Capt.  Gookin's  house,  to  make  answer  for  their  seizing,  detaining  and 
unjustly  molesting  John  Frink,  constable,  Benj.  Palmer,  and  Thos.  Bell  : 
and  any  other  that  haue  ayded  or  abetted  them,  the  sayd  Sanders  and 
Badcock,  in  the  management  of  the  matter  ;  and  if  they-  shall  neglect  qr 
refuse  to  come  with  you,  j-ou  are  to  seize  them  and  bring  them  in  safe 
custody  before  us  to  make  answer  for  the  same  as  aforesayd.  Hereof 
you  may  not  fayle.  JAMES  RICHARDS. 

JOHN  WTNTHROP, 
Commissionated  by  the  Geuerall  Assembly  of  his  Majesties  Colony  of 

Conecticut. 

Tobias  Sanders  being  examined,  ackncwledged  that  by  warrant  granted 
by  him,  John  Frink  and  Benj.  Palmer  and  Thomas  Bell  was  seized,  and 
that  he  made  the  warrant  by  vertue  of  Rhode  Island  gouernment's  au- 
thority. James  Badcock,  Sen'r,  acknowledgeth  that  he  did  seize  the 
sayd  John  Frinck,  Ben.  Palmer,  and  Tho.  Bell,  by  vertue  of  a  warrant 
granted  by  Tobias  Sanders. 

It  was  alleged  by  Ben.  Palmer  and  Tho.  Bell  that  he  seized  them  with- 
out a  warrant.  To  which  Badcock  answered,  that  he  seized  them,  but  he 
had  the  warrant  before  ;  onely  when  he  seized  Frinck,  Palmer  and  Tho. 
Bell,  the  sayd  Mr.  Sanders  had  taken  the  warrant,  and  was  gone  to  mend 
something  in  it. 

A  coppy  of  Mr.  Sanders's  warrant  served  by  [James] 

Badcock. 

To  James  Badcock,  constituted  Constable  to  serue  this  warrant :  You 
are  by  vertue  hereof,  required  in  his  Majesties  name  to  apprehend  any 
person  that  shall  presume  to  exercise  any  authority  in  this  jurisdiction, 
if  it  be  not  duely  deriued  from  the  authority  to  whome  we  doe  belong,  and 


320 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.   bring  them  before  mo  ami  Mr.  John  Crandall  forthwith,  to  be  examined 
.  '""1  to  he  dealt  with  according  to  law.     Hereof  lay  le  not  at  your  per  ill. 

l'er  me,  TOBIAS  SANDERS. 
Conservator  of  the  Peace — vera  cophi. 

This  present  17th  June,  1070. 

Mr.  Tobias  Sanders  and  James  Badcock,  desired  they  might  be  released 
upon  bayle,  and  they  would  surrender  Ihemselues  when  they  should  be 
appoynted  to  the  Constable  of  Stonington;  which  was  accordingly 
granted. 

Mr.  James  Noyce  acknowledgeth  himselfe  bownd  in  a  recognizance  of 
one  hundred  pownd  to  the  Colony  of  Conecticutt.  The  condition  is,  that 
Mr.  Tobias  Sanders  shall  personally  appeare  and  surrender  himself  to 
Nehemgah  Palmer,  Constable  of  Stonington,  protempore,  Wednesday 
morn  next,  at  six  of  the  clock. 

Mr.  Thomas  Stanton  and  Mr.  Tobias  Sanders  acknowledge  tliemselues 
bownd  in  the  sum  of  fifty  pownds  a  piece  to  the  Colony  of  Conecticutt; 
the  condition  whereof  is,  that  James  Badcock,  Sen'r,  shall  personally  ap- 
peare and  surrender  himselfe  to  Nehemga  Palmer,  Constable  of  Stoning- 
ton, protempore,  Wednesday  morning  next  by  six  of  the  ciocke  ;  and  that 
in  the  meane  time  he  shall  carry  it  peaceably  towards  and  not  oppose 
the  government  of  Conecticutt 

James  Badcocke,  Sen'r,  acknowledgeth  himself  bownd  to  the  Colony  of 
Conecticutt  in  the  sum  of  one  hundred  pownd;  the  condition  whereof  is, 
that  he  will  personally  appeare  and  deliver  himselfe  to  Nehemga  Palmer, 
Constable  of  Stonington,  protempore,  Wednesday  morning  next,  by  six 
of  the  clock;  and  that  in  the  meane  time  he  will  carry  it  peaceabh-  tow- 
ards, and  not  oppose  the  government  of  Conecticutt. 

These  fower  recognizances  were  June  18,  1070,  acknowledged  before 
John  Allyn,  James  Richards,  and  [Capt.]  John  Winthrop,  in  Stonington. 

Samuell  Browne  being  brought  before  us  as  an  ayder  in  the  restrain- 
ing, &c,  John  Frinck,  Ben.  Palmer,  and  Tho.  Bell ;  it  appeared  that  he 
was  accessary  thereto,  and  [as]  he  only  stood  upon  his  submission,  we 
accepted  of  the  following  bond  : 

Samuell  Browne  acknowledgeth  himselfe  bownd  in  a  recognizance  of 
thirty  pownd  to  the  Colony  of  Conecticutt;  the  condition  whereof  is, 
that  he  shall  carry  peaceably  towards  all  persons  and  things  in  this 
Colony,  for  the  space  of  two  moneths,  if  he  continues  so  long  in  this 
Colony  ;  and  that  he  shall  not  in  words  or  action  oppose  the  gouernineut 
of  Conecticutt,  and  that  he  will  within  the  foresayd  time  returne  to  his 
wife  at  Boston. 

Acknowledged  before  John  Allyn,  James  Richards,  and  [Capt.]  John 
Winthrop. 
June  18,  1670. 

The  20th  of  June  we  went  to  Wickford,  and  drew  up  this  following 
declaration. 

Whereas,  our  most  gracious  Soueraigne  Lord.  Charles  the  Second  of  Eng- 
land, Scotland,  France  and  Irelaud,  King,  Defender  of  the  Fayth.  &c,  of  his 
princely  care,  wisdom  and  goodness  provided  for  the  gouernmenl  of  his  sub- 


AND  PROVIDENCE  PLANTATIONS 


321 


jt-cts  planted  in  this  Colony  ('as  by  his  royall  charter  under  the  great  seale  of  1670. 
England,  bearing  date  23d  of  Aprill,  in  the  fowerteenth  yeare  of  his  Majesties  >_^y^b 
reigne  may  appeared  in  which  sayd  Charter  the  gouernment  of  the  people  in- 
habiting within  the  limitts  granted  to  this  ColoDy  of  Conecticntt  is  committed 
to  the  care  of  the  Gouerour  and  Councill,  or  Generall  Assembly  of  this  Colo- 
ny, which  sayd  Generall  Assembly  for  seaerall  yeares  haue  been  followed  with 
complaints  and  petitions  from  seaerall  of  the  inhabitants  and  proprietors  of  the 
Xarragansett  country  I  wboe  are  undoubtedly  circumscribed  within  the  limits 
or  bownds  granted  to  this  Colony),  and  the  inhabitants  of  this  towne  of  Wick- 
ford  by  their  subscription  the  3d  of  July,  1663.  haue  submitted  to  the  gon- 
ernmeut  of  Conecticntt  (according  to  the  agreement  between  our  Gouernour 
and  Mr.  Clarke,  of  Rhode  Island,  and  the  sayd  gouernment  of  Conecticntt,  the 
2d  of  Aprill.  1664  .  did  settle  gouernment  in  this  towne,  which  settlement 
haoeing  mett  with  some  interruptions,  the  Generall  Court  of  Conecticntt 
thought  good  to  renew  and  establish  gouernment  againe  in  the  sayd  country, 
and  haue  commissionated  us  to  attend  and  effect  the  same,  whoe  doe  see  cause 
to  declare  yon  the  inhabitants  of  Wickford,  to  be  under  the  gouernment  of 
his  Majesties  Colony  of  G>uect:cnt.  and  by  authority  of  the  aforesayd  Court, 
we  doe  require  you  in  his  Majesties  name  to  yeild  due  obedience  to  the  sayd 
gouernment  of  Conecticntt,  whoe  will  be  carefull  to  establish  necessary  offi- 
cers amongst  you,  that  so  you  may  haue  cquall  justice  administered  to  you  and 
may  be  countenanced  in  ways  of  godliness  and  honesty,  and  enjoy  your  just 
rights  without  disturbance. 

Dated  in  Wickford,  June  20th,  1670. 

The  Charter  granted  to  the  Colony  of  Conecticntt,  being  publiquely  read, 
this  was  published  in  Wickford,  June  21  and  June  23. 

JOHN:  ALLYX, 
JAMES  RICHARDS, 
JOHN  WIXTHROP, 

June  21.  When  we  sent  Benj.  Palmer  to  warne  the  people  of  Wickford 
next  Pettequamscutt  to  meet  us  at  Capt.  Hudson's  farnie,  he  haueing  taken 
two  men  with  him  to  show  him  the  way :  and  Tho.  Mumford  and  some  others, 
mett  them  on  the  road,  persued,  and  took  the  two  men  that  went  with 
them. 

We  then  sent  Capt  George  Denison  and  Capt.  Thomas  Prentice  to  Peti- 
quamscott,  to  demand  them,  and  to  return  to  us  their  answer,  but  they  refused ; 
upon  which  we  sent  this  following  noat  to  Capt.  Denison  and  Capt.  Prentice 
to  giue  to  Mr.  Willscn.  who  was  at  Mr.  Porter's  house. 

Note  to  Mr.  Willson. 

Mr.  Samuell  Willson :  We  understand  Thos.  Mumford  hath  assaulted  and 
detained  two  of  our  men  whoe  were  inoffensiuely  rideing  on  the  King's  high- 
way :  and  upon  demand,  you  seem  to  deny  them  to  our  messengers.  These 
are  to  inform  you.  that  as.  we  doe  undoubtedly  declare  you  (being  within  tte 
Narraganset  country)  to  be  under  the  gouernment  of  Connecticut  Colony,  and 
we  are  commissionated  by  the  Generall  Assembly  to  settle  gouernment  in  these 
parts,  which  worke  we  are  cow  about :  we  farther  aduise  you  speedily  to  de- 

vol.  rx.  41 


322 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  up  our  men,  or  else  we  assure  you  we  shall  [not]  bear  such  an  insoleney, 

but  right  ourseluea  as  BpeedHy  as  we  can.   Give  us  your  positiue  answer. 

J[OHN]  A[LLYN], 
J[AMES]  RflCHARDS], 
Wickford,  June  21,  l(i~l).  J[OHN]  W[INTHROP]. 

Suililenly  after  that  Mr.  Willson  had  rcceiued  the  aboue  written  noate,  he 

deliuered1  our  men. 

This  day,  there  eamc  ouer  from  Rhode  Island  Mr.  Jos.  Torrey,  Mr.  Baily, 
Mr.  Barker  and  Mr.  Caleb  Carre,  and  deliuered  us  an  open  letter  from  the 
Gouernor,  &C,  of  Rhode  Island  (and  John  Frinck  came  with  them),  to  which 
we  returned  this  answer,  sealed  by  us  in  a  letter. 

Letter  from  the  Governor  of  Rhode  Island. 

Honored  Gentlemen  :  Your?,  by  our  worthy  friends  the  gentlemen  imployed 
by  you  we  haue  rcceiued,  and  arc  sorry  the  desired  treaty,  which  was  intended 
for  our  mutual!  settlement,  hath  procured  no  better  effects.  As  for  the  intru- 
sion you  mention,  we  disownc  it ;  neither  can  we  justly  be  charged  with  any  such 
thing,  for  we  know  of  no  better  commission  than  his  Majesties  royall  Charter 
under  his  broad  scale,  &c.  which  was  the  commission  we  acted  by  ;  and  there- 
fore how  our  attendance  thereto  can  be  esteemed  presumption  and  intrusion  is 
difficult  to  belieue,  much  more  that  it  should  be  accounted  an  illegal!  attempt 
and  forcible  intrusion ;  we  haue  been  settling  gouernmcnt  within  our  owne 
limitts  in  our  owne  plantations,  which  we  trust  we  shall  make  good.  We 
haue  too  long  mett  with  interruptions  in  the  exercise  thereof,  but  why  that 
should  be  accounted  an  offence  while  we  have  beeu  still  moueing  in  a  peaceable 
way  for  the  management  of  it  we  understand  not ;  but  these  things  we  must 
leauc  to  the  consideration  of  our  Generall  Assembly  under  whose  commission, 
we  act.  As  for  your  resolution  still  to  persist  in  the  exercise  of  gouernmcnt 
within  our  bounds, we  desire  it  maybe  forborne,  for  doubtless  the  consequence 
thereof  will  prone  uery  inconuenient.  We  haue  not  to  add,  but  that  we  are, 
honored  Sirs,  your  affectionate  freinds.      JOHN  ALLYX, 

JAMES  RICHARDS, 
Capt.  JOHN  WIXTIIROP. 
Wickford,  in  Connecticut  Colony,  June  21,  1670. 

Presented  to  the  worshipful!  Benedict  Arnold,  Esq.,  Gouernor  of  his 
Majesties  Colony  of  Rhode  Island,  to  be  communicated  to  his  As- 
sistants there. 

We  proceeded.  AVhcreas,  by  vertue  of  commission  from  the  Generall 
Assembly*  of  Connecticut,  we  haue  renewed  and  settled  gou eminent  in 
the  towne  of  Wickford,  in  the  Narragansctt  country,  and  understanding 
that  some  persons  under  pretence  of  authority  from  Rhode  Island  haue 
accepted  offices  under  the  title  of  Conseruators  of  the  Peace,  Constables, 
&.C.,  these  are  in  his  Majesties  name  to  will  and  require  all  such  persons 
under  the  sayd  titles  of  Conserurtors  of  the  Peace,  Constables  or  any 
other  that  pretend  commission  from  the  gouernmcnt  of  Rhode  Island,  to 
forbeare  exereisning  any  power  by  vertue  of  any  such  engagement  or 


AND  PROVIDENCE  PLANTATIONS.  323 

commission  whatsoeuer ;  willing- also  and  requireing  all  the  inhabitants  1670. 
of  the  towne  of  Wickford  to  yeild  obedience  to  those  officers  appointed  by  v^^^v^^/ 
us  by  vertue  of  our  commission  from  the  Generall  Assembly  of  Connec- 
ticut (which  are  Capt'n  Edward  Hutchinson.  Capt'n  Win.  Hudson,  Mr. 
Tho.  Gold  and  Mr.  John  Cole,  Commissioners  ;  Samuell  Eldred,  Sen'r, 
and  Henry  Tippitt,  Constables),  and  unto  no  other,  as  they  will  answer 
the  same  at  their  perill  JOI1X  ALLYX, 

JAMES  RICHARDS, 
JOHN  WINTHROP, 

Dated  in  Wickford,  Connecticut  Colony,  June  22d,  1070.  * 

This  nayled  upon  Cap'n  Hudson's  dore. 

Wickford,  June  22d,  1670. 
Capt.  Will.  Hudson  being  speedily  to  depart,  and  the  persons  ap- 
poynted  for  Commissioners  and  Constables  not  being  present,  we  doe 
by  these  fully  impower  you  to  giue  the  Commissioners  ard  Constables 
oath  to  the  respectiue  persons  appoynted,  or  as  many  of  them  as  will  ac- 
cept. The  Commissioners  nominated  and  appoynted,  Capt.  Edward 
Hutchinson,  Mr.  Thomas  Gold,  and  Mr.  John  Cole.  The  Constables 
are,  Samuell  Eldred,  Sen'r,  and  Henry  Tippitt. 

J[OHN]  A[LLYN], 
J[AMES]  R[ICHARDS], 
J[OHN]  W[INTHROP], 
Capt'n  Hudson  had  the  Commissioners  oath  administered  to  him,  and 
Mr.  Samuell  Elcred,  the  Constables  oath,  June  22,  1070,  by 

JfAMES]  RflCHARDS],  and 
J[OHN]  A[LLYN], 

As  we  returned  by  Pettequamscutt,  June  22d,  1670,  we  declared  them 
to  bo  circumscribed  within  the  limitts  of  our  Charter  and  under  the  gou- 
erntreiit  here  established,  and  required  their  obedience  to  the  sayd  gou- 
ernment. 

This  being  done,  we  returned  to  Mr.  Stanton's. 

Letter  from  the   Governor,  fyc,  of  Rhode  Island,  to  the 
Commissioners  from  Connecticut,  assembled  at  Wickford. 

Gentlemen  :  Wee  haue  been  informed  by  our  Commissioners,  that  the 
treaty  appoynted  by  yourselues,  and  which  wee  hoped  would  haue  settled 
a  happy  peace  betweeen  the  two  Colonies,  hath  not  produced  the  wished 
for  effect,  but  on  the  contrary  you  haue  made  an  intrusion  into  our  juris- 
diction, notwithstanding  his  Majesties  gracious  Charter  granted  vnto  vs 
for  the  government  of  those  parts,  and  the  order  of  his  Majesties  Honor- 
able Commissioners,  vnder  their  hands  and  seales;  as  to  that  part  called 
the  King's  Province.  Wee  thought  that  after  you  had  for  severall  years 
desisted  from  exercising  government  there,  you  would  not  haue  presumed 
to  interrupt  vs  in  the  lawfull  discharge  of  the  trust  committed  vnto  vs  by 
his  Majestie,  which  is  a  practice  wee  admire  it  should  be  countenanced ; 


:V2  I 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1070.  ,ml(l'  more,  that  it  should  hoe  perpetrated  by  any  that  owno  themselues 
_  .aooountahlc  tor  their  actions  unto  their  Soveraigne.  But  seeing  yon 
arc  by  force  resolved  to  carry  on  your  designee,  and  will  not  desist  from* 
your  violent  and  illegal]  attempts  against  ve,  notwithstanding  the  appeal* 
made  vnto  our  dread  Soveraigne  by  our  Commissioners  and  deliuered 
vnto  you ;  wee  doo  once  more  in  his  Majesties  name  require  j-ou  to 
withdraw  your  said  force,  and  leaue  us  to  govcrne  the  people  within  our 
jurisdiction  according  to  his  Majesties  Charter  and  his  honorable  Com- 
missioners orders,  as  hitherto  wee  haue  done,  and  not  command  or  compell 
•  the  inhabitants  to  submit  to  your  pretended  Courts  or  officers.    If  not- 

withstanding this  our  prohibition,  ycii  will  still  persist  in  your  forcible 
intrusions  Ypon  vs,  wee  doe  hereby,  according  to  the  gracious  liberty 
granted  to  va  by  his  Majestic  in  his  royal]  Charter,  signific  to  you  that 
we  (Toe  appeale  to  our  Soveraigne  Lord,  Charles  the  Second,  King  of 
England,  Scotland,  (franco  and  Ireland,  Defender  of  tho  ffaith,  &.c,  in 
his  renhno  of  England,  for  his  determination  of  the  dift'erance  relateing 
to  our  bounds,  and  for  redress  from  your  vulawfull  attempts  against  vs. 
Wee  doubt  not  but  you  will  bee  ready  to  meete  vs  there,  and  in  the 
meane  time  and  notwithstanding  what  you  haue  lately  acted,  wee  shall 
not  decline  to  performe  our  duties  both  to  God  and  our  Prince  for  tho 
peaceable  government  of  his  Majesties  subjects  committed  to  our  care. 

Given  vnder  our  hands  att  Newport,  in  his  Majesties  Colony  of  Rhode 
Island  and  Providence  Plantations,  &c,  this  20th  day  of  June,  1070. 

BENEDICT  AENOLD,  Governor, 
NICHOLAS  E ASTON,  Dep'y  Gov'r, 
WM.  BAULSTON,  Assistact, 
JOHN  TRIP, 
*  JOHN  GREENE, 

JOHN  E ASTON, 
This  is  a  true  copie  of  what  was  sent  to  Capt.  John  Allyn,  Mr.  Jas. 
Richards  and  Mr.  John  Winthrop,  &C.,  att  Narragansitt,  &c, 
as  attest,  RICHARD  BAILY, 

Secretary  to  the  Councill. 

The  Declaration  of  John  Richards,  Treasurer  of  Haruard  Colledge,  in 
behalfe  of  the  said  Colledge  against  Stephen  Wilcocks  and  his  par- 
takers, that  vnjustly  posses  hue  hundred  acres  of  land  licing  in  the 
Pequot  country  on  the  east  side  of  Pawcatuck  riuer,  within  the 
bounds  of  Stonington,  humbly  declareth  : 
That  the  said  land  being  by  estimation  about  fiue  hundred  acres,  more  or 
lesse,  bounded  with  a  parcel  of  land,  layd  out  to  Thomas  Prentis,  on  the 
west,  with  the  Sound  on  the  south ;  on  the  east,  with  Wecapauge,  and  on 
the  north  with  common  land,  was  granted  and  laid  out  vnto  Haruard  Col- 
ledge, the  9th  of  May,  1658,  by  the  Gcnerall    ourt  of  Massachusetts, 
held  at  Boston  :  in  right  of  joynt  conquest  of  the  Pequot  country  by  the 
Collonies  of  Connecticut  and  Massachusetts,  vnto  whom  this  land  with 
other  land  vpon  the  east  side  of  Mistick  riuer,  so  farr  as  Wecapauge  was 
diuided  to  them  as  their  share  of  that  conquest  by  the  act  of  the  Com- 
missioners of  the  Vnited  Collonies,  bearing  date  September  the  10th, 


AND  PROVIDENCE  PLANTATIONS. 


325 


1058,  which  land  the  said  Stephen  "NVillcocks  and  his  adherents  hauc  vio-  1670. 
lently  seascd,  possessed,  planted  and  now  Hue  upon,  contrary  to  the  _^ 
expresse  prohibition  of  Thomas  Dan  forth,  the  late  treasurer  of  the  Col- 
ledge  and  others  in  that  behalfe  against  justice  and  equity;  all  which  the 
said  John  Richards,  in  behalfe  of  the  Collcdge  is  ready  particularly  to 
demonstrate,  beeing  admitted  therevnto,  and  humbly  desire  the  honored 
Generall  Court  of  Connecticut  (and  their  Commissioners,  vnto  whome 
this  application  is  made),  vnto  whose  care  and  gouernment  the  said  ter- 
ritory is  committed  by  his  Majesties  royal!  Charter;  humbly  intreating 
they  would  please  to  gine  the  said  Colledgo  relecfe  in  the  premises,  ac- 
cording to  justice  and  equity. 

Signed  by  Mr.  Daniel  Gookin,  Attorney  vnto  Mr.  John  Richards. 

Dated  this  2*st  of  June,  1G70. 

Proceedings  of  the  Commissioners  in   the  Narraganset 

Country. 

At  our  return  from  Squamacuck,  June  23d,  1070,  we  did  proceed  as 
followeth  : 

Whereas,  by  vertue  of  commission  from  the  Generall  Assembly  of 
Connecticut,  we  haue  settled  gouernment  w.ithin  the  Hfnitts  of  the  towne 
of  Stonington,  on  the  east  side  of  Pawcatuck  river  ;  and  understanding 
that  some  persons  under  pretence  of  authority  from  Rohde  Island  haue 
formerly  accepted  offices  under  the  titles  of  Conservators  of  the  Peace, 
and  Constables,  &c,  these  are  in  his  Majesties  name  to  will  and  require 
all  such  persons  under  the  sayd  titles  of  Conseruators  of  the  Peace,  and 
Constables,  &c.,  or  any  other  that  pretend  commission  from  the  gouern- 
ment of  Rhode  Island,  to  forbeare  exerciseing  any  power  by  vertue  of 
any  such  engagement  or  commission  whatsoever  ;  willing  allso  and  re- 
quiring all  the  inhabitants  of  that  part  of  Stonington  aforesayd,  to  yeild 
obedience  to  those  officers  appoynted  by  us,  by  vertue  of  our  commission 
from  the  Generall  Assembly  of  Connecticut  (which  are  the  present  stated 
Commissioners  of  Stonington,  viz.:  Mr.  Tho.  Stanton,  Sen'r,  Sarg't 
Tho.  Minor,  and  Mr.  Tobias  Sanders,  if  he  shall  accept;  and  Elisha 
Cheesbrcugh,  Constable),  as  they  will  answer  the  contrary  at  their 
perill.  J[OHN]  ALLYN, 

JAMES  RICHARDS, 
J[OHN]  WIXTHROP, 
Commissionated  by  the  Generall  Assembly  of  his  Majesties  Colony  of 

Conecticut. 

Dated  at  Stonington,  June  23d,  1070. 

By  vertue  of  commission  receiued  from  the  Generall  Court  of  Connec 
ticut,  we  doe  nominate  and  appoynt  you  Mr.  Tho,  Stanton,  Sen'r,  Sarg't, 
Tho.  Minor,  and  Mr.  Tobias  Sanders,  to  be  Commissioners,  inuested 
with  Majestraticall  power  for  and  within  the  limits  formerly  granted  to 
Stonington,  on  the  east  side  of  Pawcatuck  riuer,  untill  the  Generall  As- 
sembly of  Connecticut  shall  order  otherwise,  and  we  doe  appoynt  you 
Elisha  Cheesbrough  to  be  Constable  within  the  limits  formerly  expressed 


326 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670.  willing  you  and  euerj  of  you  so  to  exerciae  that  power  mi  authority 
,  herebj  conferred  upon  \  <  •  u  (sn  as  may  make  most  for  the  pence  and  tran- 
quility of  the  sayd  people  and  (he  Colony),  according  to  the  lnwes  and 
orders  of  this  Colony;  we  doe  alsoe  appoynt  Mr.  Thos.  Stanton,  to  ad- 
minister the  Commissioners  oath  to  Mr.  Sanders,  ai  d  the  Constables  (  nth 
to  Mr.  Elieha  Cheesbrough,  and  the  people  concerned  nt  Squninncuck 
haue  liberty  to  make  use  of  the  County  Court  at  New  London  for  justice, 
as  the  occasion  shall  require.  J[OHN]  ALLYN, 

JAMES  RICI1AHDS, 
JfOHN]  VVINTIIKOP, 
Commissiountcd  as  aforrsnyd. 
Dated  in  Stonington,  June  23d,  IG70. 

Mr. Tobias  Sanders  and  James  Badcock,  haueing  deliuered  themselueS 
according  to  their  former  bond,  upon  their  desire  we  took  these  ensuing 
bounds  for  their  appearance.  Mr.  Tobias  Sanders  acknowledged  himself 
bound  in  a  recognizance  of  twenty  pounds  to  the  Colony  of  Connecticut. 
Mr.  Tho.  Stanton,  his  surety,  acknowledged  himself  bound  in  a  recog- 
nizance of  twenty  pound  to  the  Colony  of  Connecticut ;  the  condition  is; 
that  Mr.  Tobias  Sanders  shall  personally  appeare  at  the  County  Court  at 
New  London, in  June  next,  tomakeanswer  for  his  granting  a  warrant  for 
the  arresting  and  molesting  of  John  Frinck,  Constable,  Benjamin  Palmer 
and  Tho.  Bell,  when  they  were  warning  the  people  of  Squamacuck,  to 
nppeare  at  Capt.  Gookin's  farme  house.    Acknowledged  before  us. 

JOHN  ALLYN, 
JAMES  RICHARDS, 
JOHN  WINTHROP. 

Mr.  Elisha  Cheesbrough  and  James  Badcock,  Sen'r^  acknowledged 
themselues  bound  in  a  recognizance  of  twenty  pounds  a  piece  to  the 
Colony  of  Connecticut;  the  condition  is,  that  James  Badcock,  Sen'r, 
shall  personally  appeare  at  the  County  Court,  at  New  Loudon,  in  June 
next,  to  make  answer  for  his  arresting,  detaining  and  molesting  John 
Frinck,  Constable',  end  Benjamin  Palmer  and  Tho.  Bell,  when  they  were 
warning  the  people  of  Squamacuck,  to  appeare  at  Capt.  Gookin's 
house. 

June  23,  1670,  acknowledged  before  us, 

J[OHN]  ALLYN, 

J  [AMES]  RICHARDS, 

J[OHN]  WINTHROP. 

Letter  from  Gov.  Arnold  to  Gov.  Winthrop* 

Newport,  July  11th,  1670. 

Much  Honored  Sir  :  Tho  many  and  late  overtures  between  tho  two 
Colonies,  issueing  in  such  unexpected  violences  offered  vpon  and  exe- 
cuted within  the  precincts  of  this  Colony ,'or  King's  Province,  on  the 
cast  side  of  Pawcatuck,  alias  Narraganset  river,  by  some  of  Connecticut 
Colony,  and  that  by  order  from  their  Generall  Assembly  (as  they  af- 


AKD  PROVIDENCE  PLANTATIONS. 


$27 


finne  .  hath  occasioned  much  eonsideratior,  and  some  trouble  mto  ts.  1670. 
how  to  prevent  the  erill  consequences  that  are  likely  to  attend  die  same,  v^_s^^ 
the  influences  whereof  wee  mar  well  expect  to  worke  to  the  discomfort  of 
both  Colonies  in  the  conclusion,  if  by  some  moderate  councells  and  en- 
deavors the  distemper  bee  not  allayed,  and  quietness  procured  amongst 
ourselues  in  the  two  Colonies.  Bat  the  eager  parsuite  of  some,  coun- 
tenanced, as  it  seems,  by  your  Court,  in  their  desires  of  taking  by  force 
both  lands  and  jurisdiction  from  ts  (which  to  see  and  suffer,  you  well 
know  wee  cannot  answer  mto  his  Majestic,  our  dreed  Soreraigne,  who 
hath  committed  the  charge  in  that  respect  vnto  ts,  See.),  doth  put  this 
Colony  vpon  it  to  make  their  application  by  a  most  humble  appeale  vnto 
his  Majestic  (according  to  his  gracious  commands  in  si  ch  cases)  for  his 
royall  determination  of  the  differences,  although  wee  little  expected  after 
fine  or  six  yeares  peaceable  exercise  of  jurisdiction,  without  any  inter- 
ruption from  our  beloued  friends,  the  Colony  of  Connecticut,  that  wee 
should  thus  violently  bee  invaded,  yea  not»  ithsianding  the  tender  by  our 
Commissioners  at  New  London  [of  a]  treaty  to  appeale  vnto  his  Majestic, 
of  which  offer  to cr  Commissioners  seemed  not  to  take  any  notice ;  neither 
did  they  when  tb*  Generall  Coancill  sent  to  them  at  Xarragansett,  when 
they  were  there  with  fifty  men  and  horse,  vsing  or  threatening  force  vpon 
the  persons,  ice.,  of  our  neighbours,  inhabitants  there ;  all  which,  con- 
sidering the  Generall  Assembly  of  this  his  Majesties  Colony  of  Rhode 
Island  and  Providence  Plantations,  convened  and  sat  at  Warwick,  June 
29th,  past,  where  it  was  concluded  to  make  oar  appeale  mto  our  dread 
SoTeraigne  Lord,  Charles  the  Second,  by  the  grace  of  God  King  of  Eng- 
land, Scotland,  ffrance  and  Ireland,  Defender  of  the  ffaith.  Sec.,  in  his 
Majesties  Kingdom  of  England,  for  his  royall  determination  in  the  pre- 
mised matters  :  and  withall  the  Assembly  desired  myselfe  to  give  your 
worship  the  certaine  information  thereof,  that  so  you  may  informe  the  Col- 
ony of  Connecticut  to  forbeare  any  further  force  vpon  this  jurisdiction  in 
the  towne  of  Westerly  or  elsewhere  on  this  side  Pawcatuck  river,  and 
that  they  apply  themselues  to  meete  oar  agent  or  agents  in  England  at 
the  latter  end  of  this  ensueing  antumu ;  where  die  matter  may  be  heard, 
and  once  more  determined  by  his  royall  Majesties  gracious  power  and 
prerogatiue. 

Sir,  according  to  the  aforesaid  order  and  desire  of  our  Oi  mi  nil  i\  ■ 
bly,  I  haue  written  dese  lines  vnto  year  selfe,  and  caused  that  they 
bee  conveyed  speedily  and  safely  vnto  your  owne  hand,  together  with 
the  enclosed  copie  of  what  was  sent  to  Connecticut  Commissioners  a  boat- 
mentioned  at  Xarraganset ;  the  original!  whereof  was  to  bane  been  openly 
and  audibly  read  in  the  hearing  of  all  there  present :  and  soe  our  mes- 
sengers declared  them-  But  Capt.  Allyn  would  needs  handle  it  first  to 
see  the  superscription,  and  then  put  i:  vp  and  suffered  it  not  to  be  openly 
read,  but  shall  not  now  insist  on  die  acceptation  which  that  manner  of  * 
behaviour  meritteth-  But  waneing  that,  shall  signifie  vnto  your  worship 
±2.:  scarce  one  in  this  Colon v  but  belieues  Tourselfe  would  not  haue  of- 
fered, or  suffered  such  a  thing  in  your  presence  :  nay  moreouer,  many 
are  very  apt  to  belieue  that  these  fore  mentioned  invasions  on  our  pre- 
cincts are  scarcely,  if  at  all  countenanced  by  yonrselfe.  nor  by  the  more 


:52s 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1070.  vninterestnl  and  vnbyassed  party  in  that  jurisdiction,  but  by  some  espe- 
oially  of  thai  and  other  Colunips  that  arc  pressing  on  to  servo  their  pi  i- 
uate  interests  ;  whicb  surely  if  reason  or  religion  were  attended  too,  u 
more  lonely,  easy  way  might  bee  studied;  and  by  study,  and  laying 
aside  high  conceits  of  selfe  potency  might  bee  found  to  satisfy  and  gratify 
all  reasonable  expectations,  without  hazarding  the  Colonies  which  it  may 
bee,  will  in  the  conclusion  proue  vnpleasing  to  both;  but  these  last  are 
mine  owne  thoughts,  lint  that  which  is  my  more  pertioular  taske,  is  to 
pray  your  consideration  both  of  the  appeale  and  of  the  inclosed  paper, 
and  to  pray  you  to  returno  a  few  lines  vnto  mee  by  way  of  answer  vnto 
the  same,  that  I  may  communicate  the  same  vnto  those  concerned  in 
Council!,  or  to  the  Assembly  ;  and  you  may  returne  it  by  this  same 
bearer.  And  it  will  bee  doubtless  a  thing  alsoe  worth  and  well  beseem* 
ing,  your  moderate  and  gentle  spirit,  to  forbid  Stonington  men  from 
forceing  in  to  mow  the  meadows  on  this  side  Paweatuok,  vntill  the  mat- 
ters bee  determined  by  his  Majestic,  or  by  some  less  travell  and  more 
easy  way,  if  possibly  to  bee  found  ;  for  it  seems  they  threaten  to  mow 
there,  which  if  they  doe  it,  will  occasion  our  people  to  complainc  to  the 
Councill  here  for  justice  to  moue  the  force  which  cannot  bee  denied,  as 
it  hath  not  hitherto  been  since  our  Charter  came  that  now  wee  haue,  nor 
before  that  durst  wee  for  one  only  yeare,  much  less  for  fiue  or  six  years 
together  to  ilenie  the  discharge  of  our  trust,  by  forbearing  the  exercise 
of  justice  there,  And  whereas,  now  it  is  (by  those  who  haue  counte- 
nanced both  heathens  and  that  notorious  villains  John  Carr,  in  their  hor- 
rid praclices  against  the  gouernmcnt)  objected  that  our  government  can- 
not or  wiil  not  fetch  him  the  said  Carr  in  ;  the  truth  is,  bee  hath  twice 
been  fetcht  in,  and  twice  broke  prison,  and  twice  since  men  sent  to  ap- 
prehend him,  but  hid  or  sent  out  of  the  way;  and  now  or  lately  enter- 
tained at  Stonington,  where  bee  is  free  to  promise  to  destroy  vs.  1  haue 
written  a  hue  and  cry  for  his  apprehending,  and  prayed  the  officers  in 
the  jurisdiction  of  his  Majesties  Colony  of  Connecticut  to  apprehend 
him,  and  returne  him  to  an  officer  of  this  Colony  on  this  side  Pawea- 
tuck, where  hce  may  bee  proceeded  with  according  to  justice;  and  now 
least  there  may  through  misprision  bee  a  neglect  in  the  inferior  officers, 
I  earnestly  pray  your  worship  to  issue  out  your  speciall  order  to  cause 
him  to  bee  taken  and  delivered  to  some  of  his  Majesties  officers  in  this 
Colony,  and  the  charge  of  his  taking  and  bringing  shall  be  paid.  Soe, 
most  honored  and  highly  esteemed  Sir,  with  cordiall  respects  presented, 
in  expectations  of  your  loving  and  real]  answer  to  the  premises,  I  rest, 

(Sir),  your  very  humble  servant, 

BENEDICT  ARNOLD, 

[The  foregoing  documents  were  copied  from  the  originals  in  the  Sec- 
retary's office  in  Connecticut,  which  copies  are  preserved  in  the  Libra- 
ry of  the  Rhode  Island  Historical  Society.] 


AND  PROVIDENCE  PLANTATIONS. 


329 


1670. 


Acts,  Orders  and  Proceedings  of  the  Governor  and  Councill 
of  His  Majestijs  Cottony  of  Rhode  Island  and  Providence 
Plantations,  held  at  Newport,  May,  1G70. 

Benedict  Arnold,  Esq.,  Governor. 

Mr.  Nicholas  Easton,  Deputie  Governor. 


At  a  meeting  of  the  Governor,  Deputy  Governor,  Capt. 
John  Cranston,  and  Mr.  John  Cogyeshall,  Assistants,  at 
Newport,  May  23d,  1670. 

Ordered,  that  the  insueing  letter  be  sent  to  the  Governor 
and  Generall  Assembly  of  Coneticot,  in  answer  to  theirs 
of  the  12  th  inst. 


Honored  Gentlemen :  Yours,  by  Thomas  Bell,  sub- 
scribed by  the  Secretary,  and  bearing  date  the  twelfth 
instant,  came  to  hand  yesterday,  being  the  22d,  and  in 
the  evening.  The  contents  being  a  narratiue  of  some 
ouertures  to  this  jurisdiction  concerning  complaints  made 
vnto  you  of  wrong  done  (by  some  inhabiting  the  Xarra- 
gansett  and  Pequit  lands)  vnto  seuerall  gentlemen  of  the 
Massachusitts,  &c.  And  that  you  say  (they  say),  these 
wrong  doers  are  countenanced  by  our  authority  ;  and 
withall  adding  that  you  are  yet  willing  to  make  one  other 
essay  for  a  peaceable  composure,  and  therefore  haue  ap- 
pointed three  or  four  gentlemen  to  meet  with  as  many  of 


ASSISTANTS. 


Mr.  William  Carpenter, 
Mr.  Roger  Williams, 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  John  Easton, 


Mr.  Thomas  Olney,  Jun'r, 
Mr.  William  Baulston, 
Mr.  John  Trip, 
Capt.  John  Greene, 
Mr.  James  Greene. 


Letter  to  Connecticot. 


330 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670.  ours  at  New  London  the  second  Tuesday  in  June  next,  as 
-**"v~^/al3oe  adding  that  if  wee  slight  the  motion,  you  shall  con- 
clude it  in  vainc  to  nioue  any  further  towards  vs  in  such  a 
way  (to  wit,  of  peace).  But  shall  in  next  place  address 
your  selues  to  put  in  practice,  what  duty  requires  to  re- 
relieue  your  oppressed  neighbours  in  a  way  pleasing  (you 
doubt  not)  to  God  and  your  Soueraigne,  &e.  Honored 
and  beloued  gentlemen,  these  are  vncxpected  passages 
from  you,  considering  the  application  our  Generall  Assem- 
bly made  vnto  you  in  their  letter  by  Mr.  John  Crandall, 
May  the  14th,  1C69,  and  your  answer  therevnto,  the  19th 
of  the  same  moneth  by  the  same  messenger  ;  and  wee 
marvell  you  should  presupose  our  sleighting  your  motion 
when  wee  recommended  to  your  ownc  pleasure  to  appoint 
time  and  place  for  a  loving  treaty,  and  engaged  to  attend 
it  ;  and  yow,  by  your  then  loving  letter  were  pleased  to 
embrace  it,  being  sensible  of  the  vncxpected  cross  Provi- 
dence, whereby  your  motion  of  October,  16G8,  was  re- 
tarded from  our  view  vntill  that  very  moneth  of  May, 
16G9,  whereby  all  the  times  prefixed  were  elapsed  before 
our  Court  had  any  the  least  knowledge  of  your  appoint- 
ment. Truly,  gentlemen,  wee  are  not  guilty  in  any  mea- 
sure of  sleighting  any  motions  for  peace.  But  haue 
attended  when  such  appointments  haue  been  as  in  par- 
ticular in  or  about  November  in  the  yeare  16G4,  our  Generall 
Assembly  sent  persons  to  meet  some  of  yours  at  Stoning- 
ton,  that  being  the  place  mutually  agreed  vpon  for  a  loving 
treaty.  But  noe  person  then  or  there  appeared,  gentle- 
men, from  your  selues,  nor  any  reason  giuen  to  this  gou- 
crnment  of  that  neglect.  Soe  that  it  is  not  rightly 
declared  that  wee  slight  peaceable  motions,  for  it  will 
appeare,  wee  haue  most  attentiuely  embraced  them,  when 
what  wee  can  say  shall  bee  heard  by  impartial!  judges. 
But  not  to  dilate  vpon  particulars,  wee  now  by  your  mes- 
senger, Thomas  Bel!,  returne  you  thanks  for  your  infor- 
mation of  the  time  and  place  you  haue  appointed  for  a 
treaty.    And  howeuer  the  warning  is  very  short,  consid- 


AND  PROVIDENCE  PLANTATIONS. 


ering  our  Assembly  is  dissolved  ;  yet  wee  Hoe  accept  of  16 
and  concur  with  you  in  your  appointment,  to  wit :  at  Xew 
London,  and  vpon  the  second  Tuesday  in  June,  now  next 
insueing,  at  what  time  and  place  you  may  confidently  ex- 
pect (with  the  help  of  the  Lord)  three  persons  fully  coni- 
missionated  and  empowered  by  this  Colony  to  make  and 
treate  with  as  many  gentlemen  soe  empowered  by  your 
selues,  and  to  put  a  finall  issue  to  all  matters  relateing  to 
our  bounds,  and  to  what  else  may  appear  of  general!  con- 
cernment betweene  the  two  Colonyes ;  withall  assureing 
you  it  is  our  great  desire  all  may  issue  in  a  just  and  loving 
composure  of  all  matters  ;  and  in  case  it  happen  otherwise, 
we  shall  with  patience  attend  your  further  promised  prac- 
tice of  relieuing  your  (as  you  say)  oppressed  neighbors  in 
a  way  pleasing  (you  doubt  not)  to  God,  and  our  Souer- 
aigne,  which  your  practice  proueing  soe  to  bee,  will  oblige 
vs  not  only  to  rest  contented  with,  but  alsoe  highly  to 
commend  the  same  ;  wee  haueing  in  such  case  noe  other 
refuge  to  fly  vnto  for  reliefe  but  vnto  God,  and  to  our  gra- 
cious Prince,  from  whome  wee  haue  receiued,  and  doubt 
not  but  still  to  receiue  just  and  timely  reliefe.  And  thus, 
honored  and  beloved  gentlemen,  praying  your  candid  con- 
structions of  our  good  meaning  in  these  vnpolished  lines, 
written  in  hast  for  dispatch  of  your  messenger,  wee  re- 
maine  desireing  to  approue  our  selues, 

Your  truly  affectionate  and  reall  friends, 
the  Governor  and  Councill  of  his  Maj- 
esties Colony  of  Rhode  Island  and 
Providence  Plantations. 

Signed  by  their  order,  by  mee, 

RICHARD  BALLY,  Secretary. 
These,  to  our  much  honored  and  beloued  ffriends,  the 
Gouernor  and  Generall  Assembly  of  his  Majesties 
Colony  of  Conecticot,  or  to  the  Gouernor  and  Coun- 
cill, case  the  Assembly  bee  not  sitting. 

Present  with  care  and  speede.      THO:  BELL. 


332 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670. 

Att  a  meeting  of  the  Governor,  Deputy  Governor,  Captain 
Cranston,  Mr.  John  Coggeshall,  and  Mr.  John  Easton, 
at  Neivport,  June  ldth,  1670. 

Vpon  the  receit  of  a  letter  from  Mr.  John  Crandall, 
Conservator  of  the  Peace  at  Westcrlye,  informing  of  an 
entrance  made  into  onr  jurisdiction  by  some  of  Conecticot, 
and  of  their  carrieing  away  some  of  the  inhabitants  of  this 
Colony  prisoners,  it  is  ordered,  that  Mr.  Baulston  and  Mr. 
Trip  bee  forthwith  sent  to,  and  desired  to  bee  present  to 
morrow  morning,  at  nine  of  the  clock,  at  Capt.  Morrice's, 
in  order  to  fill  vp  the  Generall  Councill. 

Att  a  meeting  of  the  Governor  and  Councill,  being  all 
the  Magistrates  of  the  Island,  at  Nev:port-,  June  the 
20th,  1670. 

Ordered,  that  vpon  information  of  the  forcible  entrance 
ii6eSionm"  made  by  some  of  Conecticot  into  this  Colony,  some  per- 
sons bee  forthwith  sent  over  to  Narragansitt,  with  the  in- 
sueing  commission  : 

Were  as,  the  Governor  and  Councill  of  his  Majesties 
Colony  of  Island  and  Providence  Plantations,  &c,  haue 
information  that  some  persons  vnder-  pretence  of  authority 
from  his  Majesties  Colony  of  Conecticott,  are  goeing  about 
to  erect  a  Court,  or  to  exercise  jurisdiction  within  the 
Nayhantick  and  Narragansitt  countries  granted  vnto  the 
Governor  and  Company  of  this  his  Majesties  Colony  ;  and 
alsoe  recommended  to  our  more  especial  trust  by  the  order 
of  his  Majesties  honorable  Commissioners,  vnder  their 
hands  and  seales,  and  now  by  his  Majesties  command 
named  the  King's  Province  :  and  wee  being  obliged  by 
our  allegiance  to  our  dread  Soveraigne  Lord,  the  King, 
and  by  the  trust  reposed  in  vs  according  to  the  best  of  our 
power  and  vnderstanding  to  governe  the  people  inhabiting 
the  said  Province,  and  to  prohibit  any  that  shall  presume 
to  interrupt  vs  in  the  discharge  of  our  duty. 

These  are  therefore,  in  his  Majesties  name  to  require 


AND  PROVIDENCE  PLANTATIONS. 


333 


you  with  all  possible  speede  to  repairc  to  Narragansit  and  1G70. 
if  you  shall  flnde  or  heare  of  any  persons  there  exercising  *-*-v-^ 
jurisdiction  vnder  pretence  of  any  such  authority  derived 
from    the    Colony  of    Conecticot,   as   abouesaid,  that 
then  you  shall  require  thein  to  leave  off"  such  actions 
which  are  contrary  to  his  Majesties  express  will  and 
pleasure  ;  and  if  notwithstanding  your  said  prohibition, 
they  shall  persist  in  such  illegall  proceedings,  that  then 
you  require  the  Constables  there,  to  witt :  Thomas  Gould, 
Thomas  Mumford  or  any  other,  to  seize  such  persons  and 
bring  them  before  vs  or  some  other  Generall  Assistant  or 
Assistants  of  this  Colony,  to  be  proceeded  against  ac- 
cording to  law  ;  and  in  case  they  shall  by  force  resist, 
that  then  you  shall  deliver  our  prohibition  hereinclosed 
vnto  the  said  persons  exercising  jurisdiction  as  aforesaid, 
after  you  haue  caused  it  to  bee  audibly  read  in  the  pres- 
ence of  the  people  there  assembled  ;  and  for  soe  doeing, 
this  shall  bee  your  sufficient  warrant  and  discharge. 
Given  vnder  our  hands  att  Newport,  in  his 
Majesties  Colony  of  Rhode  Island  and 
Providence  Plantations,  &c,  the  20th 
day  of  June,  1670. 

BENEDICT  ARNOLD,  Gov'r, 

NICH:  EASTON,  Dep'y  Gov'r, 

WILLIAM  BAULSTON,  Assist't, 

JOHN  COGGESIIALL, 

JOHN  TRIP, 

JOHN  GREENE, 

JOHN  EASTON, 
To  Mr.  James  Barker,  Leift.  Joseph  Torrey,  Mr.  Caleb 
Carr,  these  ;  and  alsoe  to  Richard  Baily. 

The  Appeals. 

Gentlemen  :  Wee  have  been  informed  by  our  Commis- 
sioner that  the  treaty  appointed  by  your  selues,  and  which 
we  hoped  would  haue  settled  a  happy  peace  between  the 


334 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670.  two  Colonies,  hath  not  produced  the  wished  for  effect  , 
^v-**»but  on  the  contrary,  yon  banc  made  an  intrusion  into  our 
jurisdiction,  notwithstanding  his  Majesties  gracious  Char- 
ter granted  vnto  vs  for  the  government  of  those  parts,  and 
the  order  of  his  Majesties  honorable  Commissioners  vnder 
their  hands  and  scales,  as  to  that  part  called  the  King's 
Province.  Wee  thought  that  after  you  had  for  severall 
yeares  desisted  from  exercising  government  there,  you 
would  not  haue  presumed  to  interrupt  vs  in  the  lawfull 
discharge  of  the  trust  committed  vjito  vs  by  his  Majestic, 
which  is  a  practice  wee  admire  it  should  bee  counte- 
nanced, much  more  that  it  should  bee  perpetrated  by  any 
that  owne  themselues  accountable  for  their  actions  vnto 
their  Soveraigne.  But  seeing  you  are  by  force  resolved 
to  carry  on  your  designes  and  will  not  desist  from  your 
violent  and  illegall  attempts  against  vs,  notwithstanding 
the  appeale  made  vnto  our  dread  Soveraigne  by  our  Com- 
missioners, and  delivered  vnto  you.  Wee  doe  once  more, 
in  his  Majesties  name,  require  you  to  withdraw  your  said 
force,  and  to  leaue  vs  to  governe  the  people  within  our  ju- 
risdiction, according  to  his  Majesties  Charter,  and  his 
honorable  Commissioners  orders,  as,  hitherto  wee  haue 
done,  and  not  to  command  or  compell  the  inhabitants  to 
submit  to  your  pretended  Courts  or  officers.  If  notwith- 
standing this  our  prohibition,  you  will  still  persist  in  your 
forcible  intrusions  vpon  vs,  wee  doe  hereby  according  to 
the  gracious  liberty  granted  to  vs  by  his  Majestic  in  his 
royall  Charter,  signifie  to  you  that  wee  doe  appeale  vnto 
our  Soveraign  Lord,  Charles  the  Second,  by  the  grace  of  God 
King  of  England,  Scotland,  ffrance  and  Ireland,  Defender 
of  the  Faith,  &c,  in  his  realme  of  England,  for  his  deter- 
mination of  the  difference  relateing  to  our  bounds,  and  for 
redress  from  your  vnlawfull  attempts  against  vs  ;  wee 
doubt  not  but  you  will  bee  ready  to  meete  vs  there  ;  and 
in  the  meane  time,  and  notwithstanding  what  you  haue 
lately  acted,  wee  shall  not  decline  to  performe  our  duties 


i.VD  PROVIDENCE  PLANTATIONS. 


355 


both  to  God  and  our  Prince  for  the  peaceable  government  1670. 
of  his  Majesties  subjects  committed  to  our  care.  '■^•■•^ 
Given  vnder  our  bands  at  Newport,  in  his 
Majesties  Colony  of  Rhode  Island  and 
Providence  Plantations.  &c.,  the  20th 
day  of  June,  1670. 

BENEDICT  ARNOLD,  Gov'r, 
NICH:  EASTON,  Dep'y  Gov'r, 
WILLIAM  BAULSTON,  Assist't, 
JOHN  COGGESHALL, 
JOHN  TRIP, 
JOHN  GREENE, 
JOHN  EASTON, 
To  Capt.  John  Allyn,  and  the  rest  with  him  at  Narra- 
gansett,  &c. 

Ordered,  that  the  Serjeant  doe  forthwith  procure  a  boate 
and  men  to  transport  the  persons  that  are  to  goe  to  Nar- 
ragansitt.  The  boate  procured  by  the  Serjeant  was  Mr. 
Robert  Carr's  :  the  men  were  Tho:  Langford  and  Jacob 
Pender. 

Att  a  meeting  of  the  Governor  and  Magistrates  of  Newport, 
at  Newport,  ffriday,  June  2±th,  1670. 

Vpon  consideration  of  the  many  weighty  affaires  that 
concerne  the  Colony,  and  require  a  speedy  and  suitable 
advice  ;  it  is  thought  fitt  that  an  Assembly  bee  called  to  sit 
at  Warwick  on  Wednesdav  next,  the  nine  and  twentieth 
of  this  instant  June,  and  the  Governor  is  desired  to  issue 
out  his  warrant  to  convene  the  same. 

Ordered,  that  a  letter  bee  sent  to  Mr.  Porter  and  Mr. 
Wilson,  in  answer  to  theirs  of  the  21st  instant. 


336 
1670. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Proceedings  of  the  Genet  all  Assembly  held  for  the  Collony 
of  Rhode  Island  and  Providence  Plantations  at  Newport, 
June  the  29ft,  1070. 

Mr.  Benedict,  Arnold,  Governor. 

Mr.  Nicolas  Easton,  Deputyc  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  Roger  Williams, 


Mr.  Thomas  Olnye, 
Mr.  William  Baulston, 
Mr.  John  Tripp, 
Capt.  John  Greene. 
Mr.  James  Greene, 


DEPUTIES. 


Men  ap- 
pointed to 
fetch  in 
John  Carr 
andjtjuina- 
pin. 


Mr.  John  Clarke, 
Mr.  James  Barker, 
Joseph  Torrey, 
Mr.  William  Weeden, 
Mr.  Richard  Bayley, 
Mr.  John  Gould, 
Mr.  John  Sailes, 
Mr.  John  Throgmorton, 
Mr.  Thomas  Arnold, 
Mr.  John  Whipple, 


Capt.  Samuell  Wilbour, 
Mr.  Robert  Hazzard, 
Left.  John  Albro, 
Mr.  Joshua  Coggeshall, 
Capt.  Randall  Howldon, 
Mr.  John  We  ekes, 
Mr.  Thomas  Greene, 
Mr.  Edmund  Calverlye, 
Mr.  John  Crandall, 
Mr.  Suball  Paynter. 


The  Governor  chosen  Moderator. 

Joseph  Torrey,  Clerke  of  the  Assembly. 

Voted  and  concluded,  that  Quenapitt  and  John  Carr  bo 
with  all  convenient  speed  fetched  in. 

Ordered,  that  Mr.  Roger  Williams,  Capt.  John  Greene 
and  Joseph  Torrey  be  chosen  a  Committee  to  draw  up  a 
commission  for  to  be  delivered  to  Mr.  Edmund  Calverlye, 
to  fetch  in  John  Carr. 


AND  PROVIDENCE  PLANTATIONS . 


337 


Ordered,  that  what  charges  Mr.  Edmund  Calverlye  1670. 
shall  expend  with  his  ayd  to  fetch  in  John  Carr  as  is  or-  v^«-v*»> 
dered,  that  hee  shall  cxhibitt  his  bill  to  the  Governor  and 
Councill,  which  they  signing,  shall  be  sufficient  for  the 
Generall  Treasurer  to  pay  the  same. 

There  being  a  motion  presented  by  Mr.  Roger  Wil- 
liams that  the  Assembly  would  be  pleased  to  accept  of 
severall  persons  into  the  freedom  of  this  Corporation  ;  as 
Christopher  Smith,  Anthony  Everenden,  John  Smith,  &c. 
The  Court  considering  the  motion,  doe  refer  the  consider- 
ation of  the  matter  to  determine  therein,  to  the  next 
Generall  Assembly. 

There  being  consideration  for  the  paying  Mr.  Richard  Moneys  en- 

°  r    «       o  caged  to  pay 

Deane  that  eighty  pound  that  the  Colony  is  in  his  debt,  Dean'e.Rch'd 
for  the  clearing  of  which  it  is  thought  fitt  that  some  per- 
sons be  perswaded  to  lend  at  present  soe  much  to  the  Col- 
lony  for  the  end  aforesaiid  ;  for  the  accomplishing  of 
which,  the  Governor  doth  lend  to  the  Collony  ten  pound, 
on  his  own  account ;  and  further,  the  Governor,  Mr.  John 
Coggeshall,  Mr.  William  Weeden  and  Joseph  Torrey  doth 
equally  engage  to  cleare  on  the  towne  of  Newport's  ac- 
count thirtye  pound  ;  the  towne  of  Warwick  twenty  eight 
pound,  ten  shillings  ;  Mr.  John  Porter,  Mr.  Samuell  Wil- 
son and  Thomas  Mumford,  three  pound,  ten  shillings  ; 
Mr.  Thomas  Olnye,  Jr.,  one  pound  ;  Mr.  William  Baul- 
ston,  Mr.  John  Tripp,  Capt.  Wilbour  and  Left.  Albro, 
vpon  the  account  of  Portsmouth,  seven  pound ;  which  is 
all  to  be  repayed  out  of  the  next  rate  double  heare,  for  so 
much  in  England. 

Ordered,  that  whereas  a  Generall  Auditt  was  commission-  . 

1  An  audit 

ated  to  sitt  at  Newport,  June  the  21,  last  past,  for  settling contimud 
the  accounts  of  the  Collony  by  an  act  of  the  Generall  As- 
sembly, sitting  at  Newport,  in  May  last,  the  said  auditt 
being  the  Governor,  Benedict  Arnold,  Mr.  John  Sailes, 
Mr.  Thomas  Cornall,  and  Mr.  John  Weeks,  Sen'r  ;  and 
in  pursuance  of  the  trust  reposed  in  them,  meeting  at 
Newport,  accordingly,  and  being  interrupted  in  the  pro- 
vol.  ii.  43 


"38  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1(')70.  oeeding  on  that  matter  by  reason  of  other  vrgencics  then 
v-^-v—w  intervcaning,  to  take  care  for  present  defence  against  the 
violent  intrusiones  and  invations  then  made  vpon  the 
lihertyes  of  the  Collonyc,  in  the  King's  Province,  by  Con- 
necticut, &c.  The  Court  now  see  it  necessary  to  renew 
the  commission  abovesaid  ;  and  doe  nearby  order,  enact 
and  declare  that  the  aforesaid  auditt's  power  is  confirmed, 
and  they  are  desired  and  authorized  to  sitt  at  Newport,  to 
transact  in  those  affaires,  vpon  Tuesday,  the  ninth  day  of 
August,  now  next  coming,  according  to  the  power  formerly 
given  them. 

The  Assembly  being  sensible  of  the  great  necessitye  ly- 
^sMto? an ing  vpon  them  to  employ  an  agent  to  England,  to  nego- 
tiate in  the  appealc  to  his  Majesty e  made  by  this  Collonyc 
for  the  preservation  of  our  bounds,  limmitts  and  priviledges 
from  the  violent  intrusiones  of  Connecticut  Collony,  which 
has  already  made  an  inroade  vpon  vs,  &c.  :  it  is  enacted, 
ordered  and  declared  by  this  Assembly,  and  the  authority 
thereof,  that  there  be  forthwith  a  rate  of  three  hundred 
pounds  starling,  in  pay  currant  of  this  Collony,  assessed 
and  levied  vpon  the  Collony,  for  the  supply  of  an  agent 
as  abovesaid  ;  as  alsoe  the  Collony  doe  accept  of  the  free 
addition  by  Westerlye  of  sixtye  five  pounds  starling,  in 
such  pay  as  aforesaid,  and  to  the  end  aforesaid,  and  to- 
gether with  the  three  hundred  pound  aforementioned  ;  and 
in  regard  of  this  their  free  and  exceeding  large  contribu- 
tion with  promise  to  add  more  to  the  same  end,  if  another 
rate  bo  levied,  as  occasioned  by  the  aforesaid  occasion. 
And  in  case  the  present  rate  doth  not  reach  and  discharge 
the  cost  in  the  present  case,  the  Assembly  doe  free  the 
said  towne  of  Westerlye  from  being  rated  as  to  payment 
of  any  part  of  the  three  hundred  pound  rate  abovesaid. 
Ordered,  that  the  abovesaid  rate  is  thus  divided  :  New- 
v»vne  and"  P01'^  ^°  Pay  one  Hundred  and  twenty  three  pounds  ;  Block 
payf mnat  Island  to  pay  fifteene  pound  ;  Canonicut  to  pay  twelve 
pound  ;  Portsmouth  to  pay  fiftye  one  pound;  Providence 
to  pay  fiftye  one  pound  ;  Warwick  to  pay  thirtye  two 
pound  ;  Petaquamscott  sixteene  pound. 


AND  PROVIDENCE  PLANTATIONS. 


339 


Ordered,  that  whereas  Mr.  Sarauell  Gorton,  Jr.,  was  1670. 
formerlv  fined  for  not  attending;  the  Court  of  Trialles  at  ^^-^ 

*  tJ  iv.  Sam' I  Gor- 

Newport  ;  and  whereas  the  said  Mr.  Samuell  Gorton  hath  to^o^ 
been  severall  times  employed  as  interpreter  betweene  the 
English  and  the  Indians,  &c,  the  said  Samuell  Gorton  is 
allowed  for  his  satisfaction  the  aforesaid  sum  of  twenty- 
shillings. 

Ordered,  that  Capt.  John  Greene,  Joseph  Torrey  and  The  com- 

*  »  r  "  mittee  for 

Mr.  "Richard  Bailye  are  allowed  ten  pound  ten  shil-  S^STSlSf, 
lings,  besides  what  was  delivered  to  them  in  money,  be-108" 
fore  they  went  to  Connecticut. 

Ordered,  that  Thomas  Mumford  is  allowed  twentie  shil-  Thns  Uam- 


ford  allowed 
20s. 


lings  for  his  attendance  on  the  aforesaid  Commissioners  to 
New  London. 

The  Assembly  vpon  serious  and  waytye  considerationes,  c^Yt?»nd 
having  resoulved  to  imploy  an  a^ent  or  agents  for  vindi-  cZJ^t 

°  m  .  Warrick, 

cation  of  our  Charter  before  his  Maiestve  in  England,  and**03*11 

J       J  o  «  agent. 

redeem  the  same  from  the  injurious  violations  thereof,  by 
the  Collony  of  Connecticut,  in  their  late  invasions  and  in- 
trusiones  vpon  the  lands  and  government  of  this  Collony, 
&c,  it  is  by  this  Assembly  resoulved  and  declared,  that  1 
Benedict  Arnold,  present  Governor,  be  nominated,  chosen 
and  requested  to  take  vpon  him,  and  is  hereby  declared 
the  person  by  this  Assembly  nominated,  chosen  and  ap- 
poynted  agent  for  this  Collony  to  goe  to  England  vpon  the 
ocation  aforesaid,  and  doe  engage  to  accommodate  him 
with  suitable  attendance  or  supply es  for  the  service,  and 
doe  reccommend  it  to  his  consideration  to  give  a  positive 
and  seasonable  returne  unto  the  Collony  of  his  acceptance 
of  the  service  which  wee  much  desire  mav  bee  bv  him  vn- 
dertaken.  But  in  case  his  ocationes  may  prevent  his  vn- 
dertakeing  hearin,  thed  the  Assembly  doe  in  such  case 
nominate,  desire  and  appoynt  our  worthy  friends  John 
Clarke,  of  Rhode  Island,  physitian,  late  agent  in  England* 
to  procure  a  Charter  for  this  Collony  ;  as  alsoe  Capt. 
John  Greene,  of  Warwicke,  Assistant,  to  bee  and  are 
hearby  declared  to  bee  agents  jointly  to  be  eoniniissionated 
in  the  Collonyes  behalfe  to  goe  to  England  to  vindicate 


RECO&DS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  the  said  Charter  before  his  gratioues  Majestyc,  our  Lord 
mTgot^  ^e  ^nS  »  an<^  ^y  ms  gratioues  and  royall  favour  to  pro* 
IVcov.l0  curc  our  fu,l  enjoyment  of  the  same  by  removeing  those 
nyt'3'       aforesaid  forsable  intrusioncs  made  vpon  vs,  and  doe  order 
that  suitable  attendance  or  supplyes  shall  be  allowed  to  the 
two  aforesaid  agents  last  named,  for  their  better  helpe  to 
manadge  the  aforesaid  vndertaking. 

There  being  a  motion  about  writing  to  Conneticott,  and 
alsoe  the  other  Collonyes  about  the  intrusiones  made  into 
our  Collonye,  &e  ,  it  is  with  a  vnanimous  consent  recom- 
mended and  left  to  the  Governor  to  write  to  them  all,  and' 
to  Governor  Lovelace  as  hce  shall  see  cause,  and  as  op- 
portunity shall  present. 

Ordered,  that  the  Recorder  shall  have  sixe  shillings  and 
eight  pence  for  each  coppie  of  this  Court  orders,  from  each 
towne  for  each  coppie. 

Alt  a  meeting  of  the  Governor,  Deputy  Governor  and  As- 
sistants, at  Newport,  July  13th,  1G70. 
Whereas,  the  Councill  are  informed  by  Mr.  Samuell 

Wilson  and  Mr.  Jireh  Bull  Conservators  of  the  Peace  in 

M 

the  King's  Province,  that  there  is  a  man  slain  in  the  said 
Province,  and  within  this  Collony,  who  hath  been  illegally 
and  disorderly  buried  by  some  persons  without  the  view  of 
a  Coroner  or  inquest ;  and  the  Councill  seeing  it  necessary 
that  the  corps  be  viewed,  that  soe  there  may  bee  a  just 
proceeding  in  a  matter  of  soe  great  concearnment,  doe 
therefore  order  that  Henry  Palmer,  Constable  of  Newport, 
bee  and  is  heerby  constituted  high  Constable  in  that  re- 
spect ;  and  that  hee  doe  therefore  with  such  aid  as  the 
Governor  and  Magistrates  haue  ordered,  repaire  to  Narra- 
gansett,  and  as  soone  as  hee  shall  there  arrive,  doc  giue 
notice  to  Mr.  Samuell  Wilson,  Conservator  of  the  Peace, 
and  Coroner  in  this  bchalfe,  and  Mr.  Jireh  Bull,  Conser- 
vator of  the  Peace,  that  they  repaire  forthwith  to  the  place 
where  the  body  of  Walter  House  is  buried,  and  cause  it  to 
bee  taken  vp  and  a  juries  inquest  to  pass  thereon,  that  soe 
a  true  returne  may  be  made  according  to  law  of  the  cause 


AND  PROVIDENCE  PLANTATIONS. 


341 


of  his  death  ;  and  that  hee,  the  said  Henry  Palmer,  doe  1670. 
vse  his  vtmost  indeavor  to  apprehend  the  person  or  persons 
suspected  to  bee  guilty  of  the  death  of  the  said  Walter 
House  ;  and  in  pursuance  thereof,  with  such  aid  as  hee 
shall  see  cause  to  break  open  any  house  or  place  where 
any  such  shall  bee  supposed  to  bee.  Ilee  is  alsoe  to  ap- 
prehend the  persons  that  did  interrupt  the  Conservators  of 
the  Peace  in  the  lawfull  discharge  of  their  trust,  and  to 
bring  them  before  the  Governor  and  Magistrates  at  New- 
port, to  answer  their  said  contempt  of  his  Majesties  crowne 
and  dignity  ;  and  hee,  the  said  Henry  Palmer  is  alsoe 
further  impowered  and  required  to  apprehend  any  others 
that  shall  interrupt  or  hinder  the  execution  of  this  order, 
and  for  soe  doeing  this  shall  bee  his  sufficient  warrant  and 
discharge. 

Richard  Baily  is  ordered  and  recpiired  to  goe  over  to 
Naifagaitsit  and  to  bee  assistant  to  the  Coroner  in  the 
transacting  of  the  abouementioned  affaire. 

The  Examination  of  Thomas  ffiounders. 

July  15. — The  Governor  told  Thomas  filounders  that 
hee  was  brought  here  to  answeare  to  a  very  sad  matter, 
viz.:  concerning  the  death  of  one  of  his  Majesties  subjects 
named  Walter  House,  who  was  slaine  in  the  King's  Prov- 
ince, and  hee  was  suspected  to  bee  guilty  of  it.  Hee  re- 
plyed  hee  did  desire  to  know  if  any  did  accuse  him.  The 
Governour  told  him  hee  was  accused  by  twelve  men.  The 
said  filounders  said  that  there  was  one  Lodowick  Vandicke 
that  could  informe  as  touching  the  matter,  who  was  pres- 
ent in  the  shop  at  the  time  of  the  difference  between  him 
and  Walter  House.  Being  demanded  if  hee  had  aDv  scuf- 
fling  with  Walter  House,  hee  said  that  Walter  House  was 
at  his  shop,  and  that  when  hee  wen*"  out  hee  gaue  him 
very  bad  words.  Being  asked  if  any  blows  passed  be- 
tweene  them,  hee  said  hee  thought  hee  struck  him  one 
blow.  Being  demanded  if  hee  suspected  any  other  person 
to  bee  guilty  of  his  death,  hee  said  noe.  Being  again 
asked  if  hee  gaue  him  but  one  blow,  hee  said  but  one 


34^ 


RECORDS  OB  THli  COLONY  OF  RHODE  ISLAND, 


1G70.  blow,  and  that  was  with  a  small  stick  ;  and  that  Walter 
-**v-w  House  holding  vp  his  anne,  the  said  House  fell  backward 
and  hitt  his  head  against  a  rafter.  Being  demanded  if  the 
said  House  was  In  the  shop  when  hec  struck  him,  hee  said 
liee  was  at  the  doorc  about  the  threshold,  and  that  hee 
himsclfe  was  in  the  shop.  Being  asked  if  hee  had  not  a 
forkc  stale  in  his  hand,  hee  said  noe  ;  but  it  was  a  little 
stick  hee  struck  him  with  ;  and  that  hec  laid  downe  the 
stick,  and  that  Lodowick  did  not  take  it  from  him  ;  and 
that  the  reason  of  their  quarrell  was  about  some  language  ; 
that  House  told  him  that  hee  had  taken  an  oath  against 
him  at  Warwicke  before  the  Deputy  Governor,  and  said 
that  was  the  discourse  that  was  between  them  ;  and  that 
the  same  was  that  which  provoked  him  with  other  bad 
language,  but  could  not  tell  what  it  was.  Being  asked 
why  hee  hid  himselfe,  hee  said  hee  did  it  because  hee 
heard  Mr.  Eldridg  with  some  others  were  out  to  take 
him,  and  hee  was  loath  to  goe  whither  they  intended  to 
carry  him ;  which  as  hee  was  informed  was  towards 
Connecticut. 

The  said  fflounders,  by  order  of  the  Councill  was 
committed  to  close  prison  till  next  Generall  Court  of 
Tryalls. 

Mr.  Samucll  Eldridge  being  demanded  what  hee  had  to 
say  on  his  behalfe  as  to  his  interrupting  the  Conservators 
of  the  Peace,  Mr.  Wilson  and  Mr.  Bull,  in  inquiring  into 
the  cause  of  the  death  of  Walter  House,  and  commanding 
them  to  forbeare  from  acting  in  that  behalfe,  and  saying 
that  if  they  should  pursue  and  take  the  person  suspected 
of  the  murther,  hee  would  take  him  from  them,  and  send 
him  to  Connecticut  ;  and  for  warneing  the  said  Conserva- 
tors to  serue  on  a  jury  in  obedience  to  the  Colony  of  Con- 
necticut. 

Hee  the  said  Eldridge  replyed,  that  hee  did  soe  act ; 
and  that  hee  did  soe  in  obedience  to  the  government  of 
Connecticut ;  and  that  hee  judged  the  said  Conservators 
of  the  Peace  had  nothing  to  do  there. 

The  Councill  ordered,  that  either  hee  should  put  in 


AND  PROVIDENCE  PLANTATIONS. 


343 


baile  in  the  sum  of  twenty  pounds,  to  answer  his  said  acts  1670. 
at  the  next  Generall  Court  of  Tryalls  in  October  next  ;  or  v^-v-** 
to  remaine  in  durance  till  that  time,  and  therevpon  hee 
is  committted  to  the  Serjeant,  to  bee  kept  in  his  custody 
till  the  Court,  meet  or  untill  hee  put  in  bayle  to  answear 
his  said  contempt. 

Mr.  John  Cole  of  Xarragansitt,  in  the  King's  Province, 
saying  before  the  Councill  that  hee  had  not  as  yett  taken 
an  engagement  to  any  office  vnder  Connecticut,  but  did 
not  know  how  soone  hee  might ;  and  alsoe  did  owne  that 
hee  did  forewarn  the  Conservators  from  acting  in  his  Maj- 
esties name  ;  wherevpon  hee  is  committed  to  the  Serjeant 
till  next  Court  meet,  or  alsoe  to  putt  in  bayle  in  twenty 
pounds  to  answear  for  his  said  contempt. 

Mr.  Henry  Palmer  informed  that  yesterday  Mr.  Cole 
told  him  that  if  his  wife  dyed,  and  shee  was  very  sick, 
hee  would  spend  his  whole  estate  but  hee  would  bee  re- 
venged vpon  him,  the  said  Henry,  for  fetching  him  from 
Xarragansitt ;  and  alsoe  that  the  said  Cole  did  further  say 
that  as  soone  as  hee  came  home,  he  would  make  a  voyage 
to  Connecticutt  to  take  his  engagement  to  the  office  which 
was  proffered  him. 

"William  Moore  testifies  vnto  the  truth  of  what  Mr. 
Palmer  hath  aboue  witnessed,  only  hee  cannot  affirme  that 
Mr.  Cole  said  hee  would  spend  all  his  estate  to  -bee  re- 
venged on  the  Constable  Henry  Palmer. 


Papers  relating  to  the  Murder  of  Walter  House.  Return 
of  jury  upon  a  murdered  person. 

Xarragansett,  11  or  12  day  of  July,  1670. 
A  sad  aceedent  has  befallen  thetowneof  Wiekford,  in  Connecticut  Coly- 
nye;  and  vpon  that  acount.Mr.  Sam.  Eldredge,  Constable  of  that  town,  call- 
ed as  many  of  the  people  together  as  he  could  get  to  behould  it:  which  is 
to  say,  a  man  mnrthered  to  say  Walter  House  and  as  we  all  heare,  by 
Thomas  flounders  and  the  manner  of  the  murther  was  thus  :  there  was  a 
bole  stnicke  in  tlie  ffore  parte  of  his  head,  and  seur  rall  other  bruises  :  one 


344 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670.  vPon  his  left  arme,  another  ln-uiso  vpon  bis  baoke,  which  wee  judge  to  be 
the  cause  of  bis  death,  Being  seen  and  viewed  by  vs,  whose  names  are 
vnder  written,  with  (lie  Constable,  by  those  witnesses  stood  by  and  many 
others  that  saw  this  sad  spectacle,  bat  do  not  owne  them  seines  in  tWa 
Colynie. 

Ambrose  Leech,  The     marke  of 

Jolm  Crab  tree,  Samaell  Eldridge, 

Joseph  Dolever,  Robert  Green, 

Tho.  Eldredge,  Tho.  Sowell, 

Jamos  Eldredge,  Edmond  Cousins. 

John  Cole, 

This  is  a  true  coppio  of  the  origin  all,  taken  Ottt  and  compared  by  vs 
this  14th  of  July,  1G70.  THOMAS  MINOR, 

TIIOS.  STANTON. 

*         Letter  from  Samuel  Eldredge  to  Thomas  Stanton. 

Narigansett,  13  July,  1070. 
Mr.  Stanton,  Sir:  This  is  to  informe  you  how  the  ease  stands  with  the 
towne  of  Wickford,  in  respect  of  Rhode  Island.  This  aerie  day  there 
came  doune  Mr.  Samwill  Wilson  and  Mr.  George;  Bull  and  Tho.  Mum- 
ford,  with  his  black  stafe,  and  upon  this  sad  accident ;  and  would  bane 
paniled  the  jury,  wheare  upon  I  tould  them  that  they  had  nothing  to  doe 
beare  to  panill  a  jury ;  but  if  they  would  loke  upon  the  corps  they  mite, 
which  seuerill  of  them  ded.  Then  they  commanded  in  his  Majesties 
name  sum  to  same:  and  commaLded  my  selfe  to  sarue  as  a  jury  man 
upon  the  inqlst,  and  command  John  Cole  and  seuerill  others,  which  ded 
refuse.  I  allsoe  warerd  them  to  sarue  in  a  jury  for  us,  as  we  war  under 
Conittycott :  but  thay  would  nott,  butt  commanded  us  nott  to  berie  the 
man  till  a  jury  had  passed  one  itt  by  vartue  of  thayer  power.  Soe  theare 
was  myty  commanding  in  his  Majestys  name  one  both  sides,  and  myty 
thretining  of  caring  to  jayl ;  in  soe  much,  that  nather  partis  could  gitt 
twelfe  men  one  a  Side.  But  att  last,  they  commanded  all  that  ware  on 
thare  sid  to  com  out  and  thay  would  panill  a  jury  if  it  ware  but  sex. 
Upon  that  acount,  the  dorcs  ware  shet  wheare  the  corps  was  :  soe  they 
caled  the  pepill  to  bare  witnes  that  thay  ware  obstrccted  in  thare  power 
and  commando  us  in  his  Majists  name  not  to  berie  the  man  ;  and  tould  us 
that  thay  would  retorne  our  answers  to  thare  masters.  We  tould  them 
we  would  retorne  thare  actings  and  words  to  our  magistrates.  Soe  thay 
corrmanded  all  thare  party  to  goe  with  them.  And  soe  we  proseded,  and 
beried  the  man,  and  hauo  searched  for  the  murthcrcr,  but  cannot  find 
him  and  theareforp  would  intreat  you  to  send  out  after  him  and  send  sum 
•  this  way,  for  we  haue  neuer  a  ofeser  here  to  grant  me  one.  Sir,  I  would 
intreat  be  strong,  and  send  away  word  to  Conitticott  by  the  first;  fore 
we  are  in  greater  trobill  than  cuer  we  ware,  and  like  to  be  in  wors  ; 
thearefore  mind  youer  promises,  end  stand  by  us.  John  Cole  stoud  to 
itt,  and  assisted  as  much  as  could  be,  nott  haueing  taking  the  oath, 
Capt.  Hudson  has  nott  ben  heare  senc.  Sir,  the  peopell  would  fane  be 
iloeing  ;  and  begen  to  find  that  if  it  be  nott  minded,  sodinglyo  itt  will  be 
bad  times  heare.    Nott  more  att  present,  butt  remane  yours  to  sarue. 

SAMWILL  ELDREGE,  Constable. 

From  Wickford,  13  July,  1070. 


AND  PROVIDENCE  PLANTATIONS.  345 

1670. 

Letter  from  Thos.  Stanton  to  John  Allyn,  Secretary  of 

Connecticut. 

Stonington,  this  14th  of  July,  1070. 

Honored  Sir:  Mr.  John  Allyn,  after  our  sirves  to  the  Governor,  to 
you,  Mr.  Richards  and  the  rest  of  the  Magestrates,  with  many  thankes 
for  your  last  love  and  paynes  in  these  parts.  As  for  the  business  de- 
pending betweene  vs,  our  towne  and?  the  Squamacoek  men,  wee  ar  for  the 
present  quiet,  and  have  hopes  thay  will  compownd  with  vs  and  submit  to 
our  goverrment.  Wee  went  and  set  vp  the  declaration  on  or  neere  won 
of  there  doares,  where  was  Crandall.  aud  wee  sent  sixteen  horse  and  men 
of  vs,  and  saw  eleven  horses  and  men  and  forwarned  them  from  cutting  , 
of  gras  till  thay  coinpownded  with  vs,  and  poynted  them  time  and  place 
where  thay  might  see  our  comitions  from  the  severall  gentellmen  proprie- 
tors, but  thaye  were  nery  loath  to  submit  to  the  gouernment  of  Coneck- 
ticut,  beeing  as  thaye  said,  in  a  band  to  those  of  the  Island  to  stand,  to 
mayntayne  ther  right  agaynst  all  others ;  and  some  feare  thay  should  bee 
attached  body  and  goods  by  them  for  so  doing:  but  wee  gave  leave  for 
them  six  dayes  to  goe  to  the  Island  and  see  if  thaye  would  send  a  band  of 
men  to  com  and  dwell  with  them  to  gard  them  agaynst  vg  and  our  Colo- 
nye,  for  which  they  seemed  to  be  verie  thankfull  to  vs.  In  the  meane 
time,  no  man  was  to  cut  gras  ;  wee  tould  them  that  papers  should  doe 
nothing  with  vs  from  the  Island  ;  and  for  men,  thaye  must  bring  store  of 
come  with  tln-m,  for  these  peopell  have  litell,  and  divers  of  them  none 
for  themselues  to  eat.  They  save  if  the  Island  send  not  a  gard  to  re- 
mayne  by  them  thaye  must  and  will  submit ;  and  saye  thay  can  as  well 
live  vnder  this  government  as  vnder  the  Island.  So  thaye  promise  by 
Satterdaye  night  theye  will  give  vs  in  there  positive  answere.  Wee 
strive  to  carie  it  with  all  peasabellness  and  love,  and  yet  show  them  that 
wee  feare  them  not,  nor  ther  wholl  Island.  I  say  vppon  there  desire  wee 
gave  them  leave  for  six  dayes  to  goe  to  the  Island,  and  take  there  leaves 
of  them,  that  soe  thaye  might  com  of  with  the  most  safty  to  themselves. 
That  is  the  meaning  of  the  word  above  specified,  however  thaye  are 
penned,  wee  went  nine  horses  cfvs  and  renewed  our  town  bownds  and  in 
formed  them.  Heare  is  this  night  a  post  com  on  purpos  to  give  notis  of 
a  murder  committed  at  Wickford,  as  by  fhe  inclosed  papers  you  will 
more  fully  vnderstand.  1  The  peopell  in  those  parts  are  willing  to  sub- 
mit, but  that  the  Islanders  tell  them  it  is  florish  of  Coneekticot,  and  that 
you  will  not  stand  by  them.  The  truth  is,  thaye  have  now  in  athority 
amongst  them  those  you  put  in  or  in  the  baye  and  remoat  thaye  saye 
that  thaye  did  request  you  that  thaye  might  have  assistance  from  hence  . 
but  nothing  was  done  in  that  respeckt.  It  would  bee  good  to  folow  the 
business  now  it  is  warme,  for  if  som  cors  bee  not  taken,  thaye  will  fors 
them  that  ar  your  frinds  to  submit  and  sweare  to  there  government  or 
them  and  there  estates  imprisoned  ;  for  thaye  threaten  to  carie  Eldred  to 
prison,  and  Cole  and  the  rest,  and  doe  deeme  that  you  will  desiert  the 
case.    Wee  have  sent  hews  and  cries  after  the  murtherer  east  and  west, 

VOL.  II.  44 


346 


RECOIIDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1070.  and  for  your  shirt  heere  was  none  left  heare.   Your  rasour  case  I  have 
. sent  for.    You  had  best  inquier  at  Mr,  Hill's,  where  you  lodged,  for  it. 
So  not  further  to  trobell  you  at  this  time,  wee  commend  you  to  God,  with 
nil  your  consernmentSi  and  rcmaycn,  Sir, 

Yours,  in  all  dutiefill  respeckts,  as  God  shall  inahcll  vs, 

TH0.  STANTON, 
THOMAS  MINOR. 
Weecan  give  you  no  farther  information  consenting  the  murther  other 
or  in  the  paper  inclosed,  but  about  a  pees  of  mrdow ;  and  an  ould  gradg 
between  them.  Mr.  Noyes  presents  his  sirvioes  to  you,  and  Mrs.^Allyn, 
and  Mr.  Richards  and  his.  Pray  reed  the  letter  inclosed,  and  seal  it,  and 
deliver  it  to  Mr.  Willes. 

Superscription. 

These  for  the  worshipful]  John  Allyn,  Sccretarye  of  the  Collony  of 
Coneckticot,  in  Hartford. 

Letter  from  Connecticut  to  Rhode  Island. 

Hartford,  July  21,  1670 
Honoured  Gentlemen  :  Y\'e  being  informed  that  (notwithstanding  our 
asserting  our  just  rights  at  Squamacuck  and  Wickford,  &c,  by  his  Maj- 
esties gracious  Charter,  upon  the  place,  and  by  order  of  our  General] 
Assembly,  officers  have  been  established  for  the  gouerning  those  places 
by  Comin  issionersand  Constables  theiruuto  appoynted).  Some  from 
Rhode  Island,  ilnder  pretence  of  authority,  haue  presumed  to  exert  and 
exercise  power  in  the  towne  of  Wickford,  and  haue  (as  we  hear)  seized 
and  detained  Mr.  John  Cole  and  Mr.  Sam.  Eldridge  ;  the  one  of  which  (at 
least)  is  now  in  durance  with  you:  which  act  we  earnestly  desire  you 
seriously  to  consider  whether  it  be  not  a  breach  of  peace,  and  good 
neighborhood,  and  an  incroachment  on  our  gouernment ;  and  therein  a 
contempt  of  his  Majestic  in  so  seizing  his  officers  lawfully  their  settled 
by  vertue  of  his  gracious  Charter;  and  what  the  product  of  such  prac- 
tices soon  will  be  if  persisted  in.  Y'ou  may  assure  yourselues  that  as  we 
haue  settled  officers  there  (as  in  duty  we  are  bound),  shall  indeavour  to 
mayntainc  indemnify,  and  incourage  them  in  their  worke  ;  we  allso  heare 
that  one  Tho.  Flounders  of  Wickford,  hath  violently  assaulted  and  niur- 
thered  his  neighbour  Walter  House,  and  is  now  at  Rhode  Island  ;  being 
by  some  of  your  people  taken  and  carryed  out  of  our  Colony  when  there 
was  hue  and  cryes  out  after  him.  We  hope  you  will  soe  farr  consider  as 
not  to  be  any  way  instruinent.all  to  shelter  him,  or  keep  him  from  us,  but 
that  he  be  returned  for  faiie  and  legall  tryall,  that  so  if  he  doe  appeare  (as 
is  reported),  to  be  a  wilfull  murther er,  ho  may  receiue  the  rewarde  of  his 
workes  and  the  blood  of  the  slaine  may  not  crye  to  the  Lord  for  vengence 
against  us.  Sirs,  we  are  willing  fairely  to  treate  you  in  the  first  place, 
and  loueingly  to  desire  and  aduise  to  a  peaceable  surrender  of  our  officer 
or  (  Dicers  (or  other  people),  secured  or  detained  by  you,  which  may  be  a 
meanes  of  settling  peace  and  good  agreement  between  us.  But  if  you 
persist  in  detaineing  these,  or  seaseing  or  molesting  any  other  of  our 
sa yd  officers  or  people,  you  will  force  us  to  consider  the  next  most  effec- 
tuall  course  for  their  releife,  and  a  way  for  sattisfaction  to  us  and  them, 
soe  much  prejudiced  by  such  actions.    Wc  shall  not  enlarge  at  present. 


AND  PROVIDENCE  PLANTATIONS; 


347 


but  with  our  desires  of  as  speedy  an  answer  as  may,  we  lake  leaiio  and  Ig^O. 
subscribe  ourselues,  gentlemen,  your  loueing  freinds  and  neighbours. 

JOHN  ALLYN,  Secretary,  -^—» 
In  the  name  and  by  order  of  the  Assistants  of  his  Majesties 
Colony  of  Conecticutt,  present. 
To  the  Worshipful!  Gouernour  and  Couucill  of  Rhode  Island. 

Proceedings  of  the  Generall  Court  of  Connecticut,  held  at 
Hartford,  July  21,  1670. 

Whereas,  we  haue  been  informed  that  Samuell  Eldridge,  our  Consta- 
ble of  Wickford,  is  seized  and  carryed  to  Rhode  Island,  we  haue  thought 
good,  and  doe  hereby  nominate  and  appoynt  you;  Sam'll  Cheesbrougb; 
Constable  protempore,  for  the  Narrogancett  country,  and  you  are  hereby 
inuested  with  full  power  to  officiate  and  execute  the  office  and  place  of  a' 
Constable  for  and  within  the  towne  of  Wickford  and  Narrogancett  coun- 
try, untill  you  haue  farther  order. 

To  Samuell  Cheesbrougb,  Constable  of  the  Narrogancett  country,  pro- 
tempore :  Whereas,  we  are  informed  that  Sam'll  Willson  and  Thomas 
Mumford,  in  contempt  of  and  positiuely  contrary  to  express  command 
from  our  authority  hy  our  Commissioners  declared,  haue  pulled  down  our 
declaration  set  up  at  Wickford,  and  exerted  power  in  the  Narrowgancett 
country,  in  the  towne  of  Wickford,  &c.,  under  pretence  of  the  authority 
of  Rhode  Island.  These  are  therefore  in  his  Majesties  name,  to  will  and 
require  ycu  to  take  with  you  sufficient  ayd,  and  apprehend  the  persons 
of  the  sayd  Sam'll  Willson  and  Thomas  Mumford,  and  them  bring  before 
the  Commissioners  of  Stonington,  or  Wickford  (as  the  next  authority  for 
examination),  to  be  examined  upon  the  premises;  and  if  by  legall  testi- 
mony they  be  found  guilty,  to  be  secured  for  farther  trial],  according  to 
instructions  giuen  them.    Hereof  you  may  not  fayle. 

JOHN  ALLYN,  Secretary, 
In  the  name  and  by  order  of  the  Assistants  of  his  Majesties 
Colony  of  Conecticut. 

Mr.  Thomas  Stanton  and  Mr.  Tho.  Minor  :  We  haue  inclosed  an  order 
to  your  selues,  wherein  we  haue  appoynted  Sam'll  Cheesbrougb,  Consta- 
ble, protempore,  for  the  Narragansett  country,  &c.  ;  as  allso  a  warrant 
to  impower  the  said  Constable  to. cause  Sam'll  Willson  and  Thos.  Mum- 
ford  to  appeare  before  you  at  Stonington  to  be  examined  about  their  ex- 
erting of  power  within  Wickford,  &c. ;  and  you  are  hereby  desired  as 
you  are  Commissioners,  and  impowered  to  examine  them.  And  if  they 
proue  to  be  guilty,  you  may  either  take  bond  for  their  appearance  at 
New  London  Court  to  answer  for  the  same*  or  send  them  up  to  Hartford 
goale,to  be-secured  to  the  Court  in  October  next,  for  tryall.  We  aduise, 
you  to  act  warrily  and  prudently  in  the  management;  that  you  employ 
not  the  Constable  unless  you  haUe  some  probable  security  that  what  is 
aledged  against  the  persons  aboue  mentioned  will  be  sufficiently  proued. 
And  in  seizing  them,  let  the  Constable  be  sufficiently  cautioned  to  avoyd 


RECORDS  OF  TUB  COLONY  OF  HIIODE  ISLAND, 


1 670.  a"  hazard  of  shedding  blood  ;  and  yet  we  would  haue  them  know  that  the 
_-^-N/-^/  authority  will  not  lie  baffled,  and  tliat  ho  take  no  greater  strength  nor 
time  in  the  expedition,  nor  make  no  greater  noyse  than  is  absolutely 
necessary.  We  haue  mentioned  the  Commissioners  of  Wjckford  only  in 
case  Capt'n  Hutohinsoo  and  Cap'o  Hudson  bo  on  the  place,  and  it  be 
fownd  most  expedient. 

The  foregoing  letters  and  conclusions  were  rgrced  and  ordered  by  the 
Assistants  present,  and  tho  Secretary  is  ordered  to  draw  them  forth 
fay  re,  and  signo  them  iu  our  name.  Send  tho  letter  first  aboue  written 
to  the  Gouernor  and  Councill  of  Rhode  Island,  and  the  other  to  the  Com- 
missioners of  Stonington.  JOHN  ALLYN,  Secretary, 

In  the  name  and  by  order  of  the  Assistants  of  his  Majesties 
Colony  of  Conecticutt. 
This  21  July,  1670. 

[At  a  meeting  of  the  General!  Court,  October  13,  1070,  a  committee 
was  appointed  to  treat  with  Commissioners  from  Rhode  Island,  consisting 
of  the  Deputy  Gouernor,  Mr.  Samuel  Willys,  James  Richards,  Captain 
Pitz  John  AVintl  rop,  end  tho  Secretary.  They,  or  any  three  of  them 
vrerc  empowered  to  act,  provided  James  Richards  or  John  Allyu  should 
always  be  of  the  number. 

The  following  May,  these  appointments  were  renewed,  and  at  the  same 
time  Capt.  Edward  Hutchinson,  (/apt.  Wm.  Hudson,  Richard  Smith  and 
John  Cole,  were  appointed  Commissioners  for  the  Plantation  cf  Wick- 
ford,  and  the  limits  thereof  and  invested  with  "  magistratical  powers.*' 
Sam'l  Eldredge  was  also  appointed  Constable.] 

Letter  from  Capt.  John  Mason,  to  John  Alhjn  and  others. 

Gentlemen  :  I  lately  received  their  writing  which  I  now  send  you 
from  Mr.  Williams,  and  have  had  some  discourse  with  others  of  his  sect, 
as  alsoe  with  some  others  in  reference  to  our  difference  with  Rhode  Is- 
land. For  my  owne  part  I  am  not  very  well  acquainted  with  the  matters 
in  question  respecting  the  righte  of  our  Charters.  Yet  something  I  haue 
vnderstood  ;  and  more,  1  haue  accidentally  raett  with  of  late.  I  am  apt 
to  think  the  proper  right  of  Narragansctt  country  belongs  to  Connecti- 
cut. But  there  seems,  notwithstanding,  to  be  soe  many  twistings  in  the 
matter;  and  hojv  they  may  be  interpreted,  is  doubtfull  and  uncertaine  ; 
besides  the  many  hazards  that  may  attend  tho  management  of  this  affayre 
to  a  full  issue,  possibly  to  the  effusion  of  blood,  if  not  soe  already.  Be- 
sides many  other  disasters  which  are  not  yet  discerned.  Tis  alsoe  pos- 
sible the  toll  may  proue  to  be  more  than  the  grist.  A  wise  man  reckons 
the  cost  before  hee  builds  his  bouse.  Truly  I  am  of  that  mind  that  tho 
charge  in  recouering  what  is  aymed  at,  if  it  should  be  gayned,  will 
amount  in  reason  to  more  than  the  whole  country,  as  it  is  now  stated, 
will  he  worth,  ffor  it  is  barrane  in  the  generall;  and  these  places  that 
are  any  way  considerable,  are  already  taken  vp  by  severall  men  in 
ffarmes  and  large  tracts  of  lands,  some  haueing  fiue,  six,  and  tenne  miles 
squares  ;  yea  and  some  I  suppose  haue  much  more  which  you  or  some 
of  yours  may  see  or  feele  hereafter.  These  things  I  know  to  be  true,  as 
they  did  manifestly  appeere  in  view  when  the  Commissioners  were  at 


AND  PROVIDENCE  PLANTATIONS. 


349 


Narragansett.  I  suppose  you  cannot  be  vnacquainted  with  those  things  1670. 
if  the  charge  and  expense  of  it  shall  pass  to  England ;  for  a  tryall  cannot 
in  reason  but  be  very  great  and  access  to  his  Majestie  cannot  be  expected. 
As  to  our  Courts  that  were  beyond  all  reason  to  imagine,  pray  let  it  be 
allsoe  considered  whether  it  may  not  proue  as  costly  as  the  producing 
of  a  Charter  ;  and  when  it  may  be  issued  who  knows  ;  and  when  we  may 
hope  it  is  issued,  what  followes  often  times,  did  wo  not  thinko  we  had 
be<  ne  beyond  all  treble  when  we  receiued  our  new  Charter ;  yet  I  sup- 
pose your  grant  of  Charles  the  First  must  stand  your  great  friend  in  this 
matter.  Consider  alsoe  if  jou  are  cast,  you  must  defray  all  costs  and 
charges  on  both  hands  ;  and  if  you  recouer,  what  will  you  gaino  (as  I 
said  before),  as  the  best  is  already  gone  ;  and  what  reinaynes  but  rocks, 
swaurps  and  sand  heaps.  And  in  leive  of  this  we  must  erect  a  gouern- 
mcnt  over  a  people  that  will  come  vnder  noe  government,  neyther  ciuill 
or  cclesiastic;  they  beinge  already  in  dispersed  corners  like  the  Sweedes, 
soe  that  there  is  noe  likely  hood  of  any  tollerable  Christianlike  society  to 
be  settled  amongst  them  (and  truly  if  it  were  otherwise),  how  vncapable 
they  are  to  attend,  it  is  too  well  knowne  to  all  men.  And  therefore  for 
vs  to  take  soe  much  paynes  to  runne  soe  great  hazard,  and  to  be  at  soo 
much  treble  and  charges  vpon  soe  great  vncertaintyes  to  procure  a  noth- 
inge,  nay  truly,  that  which  is  worse  than  nothiuge  in  my  conception.  It 
will  need  some  consideration  what  shall  be  done  to  those  that  will  not 
submitt,  &c. 

Gentlemen  :  I  am  as  I  said  before,  not  very  well  skilled  in  your 
grounds  and  plea  ;  indeed  my  abilities  are  but  weake  to  advise,  at  best. 
Give  me  leaue,  notwithstanding,  voluntarily  to  cast  in  my  myte  without 
exception,  though  tis  little  that  I  shall  contribute  at  such  a  distance,  yet 
I  must  professc  I  serve  for  the  publiquo  peace  without  prejudice  to  any 
man's  person  or  cause.  However,  I  am  somewhat  interested  as  well  as 
others,  and  therefore  am  the  more  encouraged  if  there  appeare  to  be  any 
thing  of  weight  in  what  I  say,  you  may  consider  of  it ;  if  not,  lay  it  aside. 
However,  I  hope  you  will  pardon  my  weaknesse  and  accept  my  good 
meaneing.  And  let  me  tell  you  amongst  the  rest,  of  two  cases  :  handled 
in  England  in  my  time,  of  farre  lesse  moment  than  this  in  question.  The 
ono  of  them  cost  many  thousand  pound,  and  seuerall  men's  Hues.  The 
other  had  cost  many  hundred  pound,  and  was  not  issued  nor  like  to  be 
when  I  came  out  of  England.  I  speak  not  this  that  I  would  that  wee 
should  be  dastardly  cheated  and  befooled  out  of  our  right,  but  that  there 
be  a  due  and  prudent  care  soe  to  dcmeane  ourselues  that  we  may  prevent 
after  inconveniences  :  I  shall  therefore  propound  whether  it  were  not 
better  that  we  come  to  some  terms  of  agreement  in  some  rationall 
way.  But  if  that  cannot  be  accomplished  as  could  be  wished,  and  the 
matter  must  proceed  to  a  full  tryall,  that  then  those  whoe  are  interest- 
ed in  the  matter  [should  be  compelled  to],  defray  the  charge.  For 
I  must  profess  I  can  see  noe  reason  why  hundreds  of  poore  meii  who 
are  never  like  to  receiue  any  benefitt  by  it,  should  bo  at  charge  to 
procure  it;  nay  must  in  all  likelyhood  be  at  contynuall  and  great  cost, 
to  vphold  the  place  and  gouernment,  seemes  to  have  a  very  harsh  looke. 
And  I  pray  you  alsoe  consider  whether  at  long  runs  as  they  say  we  may 


350 


KEG'OltDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  no*  C"H  aloud  to  his  Majestic,  to  place  some  others  amongst  vs,  that  may 
issue  01  r  differences.  I  am  not  ignorant  how  dangerous  it  is  to  meddle 
'with  affayres  of  this  nature  and  how  harmles ;  and  the  most  ingenious 
endeuors  and  expressions  are  some  times  perverted  and  contemned;  yet 
I  thought  T  was  in  duty  bound  to  doe  something.  Whether  will  prosper 
this  or  that,  something  more  myght  be  said.  I  shall  only  commend  this 
at  present  to  your  more  serious  consideration  ;  for  matters  of  moment, 
you  know,  should  be  handled  with  ripe  advise,  poysed  consultations  and 
solid  conclusions.  Beseeching  our  gracious  God  to  conduct  vs  in  wares 
of  righteousness  and  truth,  that  his  peace  may  bee  our  portion,  into 
whose  hands  I  commend  you  ffor  guidance  and  direction  in  your  waightv 
affayres';  which  is  the  desire,  and  shall  be  the  constant  endevor  of  him 
whoe  is,  and  shall  remaine, 

Your  reall  frinds  and  servants, 
Norwich,  August  3d,  1G70.  JOHN  MASON. 

Superscription. 

To  the  Worshipfull  Capt'n  John  Allyn,  Mr.  James  Richards,  Capt'n 
John  Winthrop,  with  the  rest  of  tho  Commissioners  appointed 
ffor  Road  Hand  busines,  this  present. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, October  the  13,  1G70. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  Nicolas  Easton,  Deputye  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  Roger  Williams, 


Mr.  Thomas  Olnye, 
Mr.  William  Baulston, 
Mr.  John  Tripp, 
Capt.  John  Greene, 
Mr.  James  Greene. 


Mr.  Caleb  Carr, 
Mr.  Peleg  Sanford, 
Mr.  Joseph  Clarke, 
Joseph  Torrey, 


DEPUTIES. 

Mr.  Joshua  Coggeshall, 
Mr.  Robert  Hazard, 
Left.  William  Codman, 
Mr.  John  Cooke, 


AND  PROVIDENCE  PLANTATIONS. 


351 


Mr.  James  Barker, 
Mr.  Richard  Baily, 
Mr.  John  Sailes, 
Mr.  Thomas  Harris, 
Mr.  Shadrack  Manton, 
Mr.  Thomas  Burden, 


Mr.  John  Weekes,  1670. 

Mr.  Benjamin  Smith, 

Mr.  Richard  Carder, 

Left.  Edmund  Calverlye, 

Mr.  John  Crandall, 

Mr.  Nicolas  Cottrell. 


The  Governor  chosen  Moderator. 
Joseph  Torre}-,  Clarke  of  the  Assembly. 

The  Assembly  bein£  informed,  that  whereas  the  Gov-  A  Dev  snm- 

J  O  ■  mons  sent  to 

ernor,  Capt.  John  Cranston  and  Mr.  "William  Carpenter ££"Jg£ 
did  issue  out  fowre  severall  summons  vnder  their  hand  to  loundere- 
require  certaine  persones  inhabiting  at  Xarragansitt,  in 
the  King's  Province,  to  appeare  at  the  next  Generall 
Court  of  Trialles,  to  be  held  for  this  Collony  the  19th  in- 
stant, to  give  in  testimony  on  his  Majestyes  behalfe,  con- 
cerning the  death  of  Walter  House,  which  said  summonses 
were  delivered  to  Mary  House,  relick  of  Walter  House, 
who  did  engage  she  would  convay  them  as  directed,  and 
that  Capt.  William  Hudson,  of  Boston,  meeting  with  the 
said  Mary  House,  at  Xarragansett,  aforesaid,  tooke  the  said 
summonses  from  her  in  contempt  of  his  Majestyes  authori- 
tye  in  this  Collony  established,  and  to  the  obstruction  of 
justice,  in  a  matter  of  soe  great  and  weighty  concearn- 
ment :  Bee  it  therefore  enacted  by  this  Assembly  and  the 
authority  thereof,  that  with  all  conveniant  speed,  new 
summonses  be  issued  out  by  the  Governor,  &c,  to  require 
the  persones  mentioned  in  the  former  summons,  or  any 
other,  to  appeare  at  the  said  Generall  Court  of  Trialles, 
and  that  an  officer  be  sent  over  to  serve  the  same. 

There  being  in  this  Assemblv  some  consideration  about  Tw°  ™»- 

*  sengers  to 

the  overtures  that  have  been  between  this  Collony  and  the  Connecticut. 
Collony  of  Connecticut  about  the  appeale  to  his  Majestye, 
it  is  thought  fitt  and  concluded,  that  there  bee  yet  one  essay 
more  to  compose  the  differance  that  is  betweene  the  two 
Collonyes  ;  and  to  that  end,  that  two  messengers  be  im- 
powered  to  deliver  a  letter  to  the  Collony  Court  of  Con- 


352 


RECORDS  OF  TFIE  COLONY  OF  RHODE  ISLAND, 


1070.  neeticut,  and  to  receive  their  answer  plainly  whether  they 

s*"v"^-'  will  meet  vs  in  England  or  not. 

Mr.  John  Crandall  and  Joseph  Torrey,  Jun'r,  are  chos- 
en to  goe  to  Connecticut  to  deliver  a  letter  from  the  Court 
and  receive  their  answer,  which  letter  is  as  followeth  : 

Letter  from  Rhode  Island  to  Connecticut. 

Newport,  on  Rhode  Island,  ) 
October  the  15,  1070.  \ 
Honored  and  well  beloved  Gentlemen  :  Wee  have 
thought  it  may  not  bee  of  evill  consequence  yett  once 
againe  to  propose  vnto  your  thoughts  the  consideration  of 
what  good  consequence  it  will  be  vnto  both  these  his  Maj- 
estyes  Colonyes,  that  they  compose  their  differences  among 
themselves,  and  forbeare  troubling  his  Majestye  with  com- 
plaints, considering  the  great  travill  and  charge  of  goeing 
soe  farr  a  voyage  as  that  will  require,  besides  the  just 
cause  it  may  give  of  procureing  such  remedye  as  the 
country  may  have  noe  cause  to  rejoyce  therein  ;  and  in- 
deed may  lyckly  and  in  reason  much  distaste  our  Sover- 
aigne  Lord  the  King,  to  have  yett  new  complaints  come 
soe  soone  after  that  great  and  royall  care  and  charge  taken 
by  his  Majestye,  and  effectually  vsed  by  his  Honorable 
Commissioners  to  settle  our  boundaryes,  &c.  ;  which  act 
and  acts  of  those  gentlemen,  are  as  we  are  lately  informed, 
ratified  by  acte  of  Parliament.  Wee  have  seen  a  letter 
from  your  Honored  Governor,  Mr.  John  Winthrop,  that 
hee  wrote  in  answer  to  a  letter  that  wee  desired  our  Gov- 
ernor to  write  to  him,  intending  it  should  be  communicat- 
ed to  yourselves  ;  as  noe  doubt  it  is  or  had  been,  but 
that  the  Governor  to  whom  it  was  directed,  was  not  at 
home,  in  which  was  signified  our  determination  to  appeale 
for  justice  vnto  his  Majestye,  as  by  our  Charter  wee  are 
injoyned  in  such  case,  except  some  more  easie  and  lesse 
travillsome  way  be  found  to  put  an  issue  to  the  grieav- 
ances  now  sustayned  by  vs  ;  and  now  finding  your  Gov- 
ernor's inclination  for  such  a  peaceable  composure,  and 


AND  PROVIDENCE  PLANTATIONS. 


that  hee  judgeth  it  may  be  done  by  persons  mutually  fully  16 
impowered  by  each  Collony  for  that  purpose,  which  v-^"> 
however  wee  have  once  already  done  and  given  all 
the  power  wee  could  give  vnto  three  persons  in  June 
last,  to  treat  and  fully  conclude  all  matters  with  as 
many  of  your  soe  impowered,  as  by  the  Commission  to 
ours  it  doth  appeare,  and  yett  the  treaty  proved  of  noe 
such  consequence  as  wee  hoped,  &c.  ;  but  seeing  wee  are 
not  fully  informed  that  you  the  Generrdl  Assemblye  of  his 
Majestyes  Collony  of  Connecticut  have  had  the  cartaine 
knowledge  of  those  matters,  and  of  the  transactiones  since 
that  time  passing  in  this  jurisdiction  exercised  therein  by 
some  of  yours,  have  thought  it  convenient  by  these  few  lines 
and  by  the  more  pertickelar  information  of  Mr.  John  Cran- 
dall,*Sen'r,  the  bearer  hereof,  vnto  whose  relation  wee  pray 
you  give  credit,  to  acquaint  you  that  our  earnest  desires  are 
that  a  loving  composure  may  bee  had  betweene  the  two  Col- 
lonyes  and  the  meanes  to  effect  it,  to  bee  persones  yett 
once  more  fully  impowered  to  that  purpose  ;  and  that  in  the 
meane  time  you  will  forbeare  such  force  as  by  your  orders 
hath  been  lately  exercised  within  the  King's  Province  at 
"Westerly,  and  in  the  tract  and  tracts  of  that  Province 
called  the  Xarraganset  country  ;  as  alsoe,  if  a  friendly 
composure  may  fayle,  and  such  a  treaty  cannot  be  had  or 
peace  produced  by  such  a  treaty,  that  then  you  will  agree 
to  refer  the  decision  of  the  matter  to  his  Majestye,  ami 
give  vs  notice  that  soe  you  will  doe,  wee  will  if  you  agree 
mutually,  become  bound  there  to  meet  your  agent  by  an 
agent  or  agents  sent  from  ourselves  ;  provided  in  the  meane 
time  you  forbeare  exercising  jurisdiction  within  the  tract 
and  tracts  abovesaid.  But  if  these  are  not  attended  vnto, 
then  wee  shall  be  forced  to  make  our  humble  addresses 
vnto  our  Lord  the  King,  by  way  of  complaint,  though 
much  rather  wee  would  that  complaints  may  be  prevented. 
Honoured  gentlemen,  wee  earnestly  desire  and  expect 
your  absolute  positive  answer  vnto  these  our  proposalles 
with  all  speed  possible  by  this  same  bearer  ;  and  there- 
vol.  n.  45 


354  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1670.  fore  shall  add  no  more  att  present.  But  in  case  your  re- 
«^-vw  turno  may  assure  vs  that  you  will  forbearc  force,  and 
apply  yourselves  to  a  peaceable  way  of  composure  as 
abovesaid,  you  may  expect  from  vs  a  speedye  and  loving 
complyance  therein  ;  and  that  in  the  meane  time  wee 
shall  remaine,  honoured  and  beloved  friends, 

Your  truly  affectionate  neigbours,  the 
Generall  Assembly  of  his  Majestyes 
Collony  of  Rhode  Island  and  Provi- 
dence Plantations.  Signed  by  order 
of  the  said  Assembly.  These. 

By  JOSEPH  TORRE Y,  Clerk. 
To  our  honoured  and  beloved  friends,  the  Generall 
Assembly  of  his  Majestyes  Collony  of  Connecticut, 
present.    Per  Mr.  John  Crandall. 

Ordered,  that  warrants  shall  be  issued  forth  to  presse 
horses,  boats,  or  any  other  thinge,  conducing  to  the  com~ 
fortable  accommodation  and  speedy  dispatch  of  Mr.  John 
Crandall  and  Joseph  Torrey,  Jr.,  in  the  voyage  to  Con- 
necticut. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, October  the  26,  1670. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  Nicholas  Easton,  Deputy  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Thomas  Olnye,  Jr., 

Mr.  John  Coggeshall,  Mr.  William  Baulston, 

Mr.  John  Easton,  Mr.  John  Tripp, 

Mr.  William  Carpenter,  Capt.  John  Greene. 
Mr.  Roger  Williams,  Mr.  James  Greene. 


AND  PROVIDENCE  PLANTATIONS. 


DEPUTIES. 

Mr.  Caleb  Carr,  Air. 

Mr.  Peleg  Sanford,  Mr. 

Mr.  Joseph  Clarke,  Mr. 

Joseph  Torrey,  Mr. 

Mr.  James  Barker,  Mr. 

Mr.  Richard  Baily,  Mr. 

Mr.  John  Sailes,  Mr. 

Mr.  Thomas  Harris,  Sen'r,  Left 

Mr.  Shadrach  Manton,  Air. 

Air.  Thomas  Burden,  Air. 


Joshua  Coggeshall, 
William  Woodall, 
Richard  Burden, 
John  Sanford, 
John  We  ekes, 
Benjamin  Smith, 
Richard  Carder, 
.  Edmund  Calverlye, 
John  Crandall, 
Suball  Paynter. 


The  Governor  chosen  Aloderator. 
Joseph  Torrey,  Clark  of  the  Assembly. 
Ordered,  that  the  letter  that  is  come  from  Connecticut 
be  opened  and  read  in  Court.* 


*  Letter  from  Connecticut  to  Rhode  Island. 

Hartford,  October  18,  1G70. 
Honoured  Gentlemen:  Yours  of  October  15,  1670,  came  to  hand, 
wherein  is  principally  inserted  these  three  heads  :  1 .  A  quere  as  to  our 
receiuing  a  full  account  of  our  Commissioners  of  the  transactions  on  the 
east  side  Pacatuck  and  in  the  Narragansett  country,  &c.  2.  A  letter  of 
yours  to  our  Governour.  3.  A  loueing  motion  of  an  agreement  between 
our  selues  and  you,  touching  gouernment  on  the  east  side  of  Pacatucke 
riuer.  and  in  the  Narragansett  country,  &C,  to  all  which  we  shall  giue 
in  answer,  1.  That  we  haue  receiued  a  full  account  from  Capt.  John  Al- 
lyn,  Sec,  of  the  transactions  in  the  affaire  they  were  commissioned  about, 
viz.:  treating  with  yours,  and  in  settleing  gouernment  in  the  eastern 
parts  of  our  bound  ;  and  as  we  did  commissionate  them,  soe  we  well  ap- 
proue  of  what  they  haue  done,  and  haue  confirmed  those  respectiue  offi- 
cers they  haue  stated  on  the  east  side  Pacatucke  riuer,  and  in  the  Nar- 
raganset  country  as  aforesaid.  We  are  not  willing  to  tell  you  how  ill  we 
resent  ttie  interruption  you  haue  giuen  our  officers  imployed,  and  stated 
by  our  Commissioners,  and  your  entering  into  our  jurisdiction  and  seiz- 
ing our  officers  for  officiateing  their  respectiue  places  by  our  order  as 
aforesaid.  But  we  must  tell  you  that  we  take  what  is  done  to  them 
as  done  to  our  selues;  and  in  a  neighborly  way  doe  aduize  that  those 
bonds  exsacted  of  frcm  them  and  their  security,  be  discharged  and  can- 
celled, and  they  noe  farther  troubled  or  interrupted  by  you,  which  may 
be  a  good  inducement  to  procure  a  more  easy  discharge  of  yours ;  and  a 


350  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1070.  Whereas,  in  our  body  of  lawes,  in  that  part  conccarning 
v-*^v-w  the  administration  of  justice,  there  is  a  passage  conccarn- 

Rcpricvcs.  . 

mg  such  as  are  found  guilty  of  death,  to  be  repreeved  vntill 
the  next  Court  :  this  Assembly  doe  declare,  for  preventing 


remove  of  tliat  which  mny  hinder  increase  of  louo  between  yon  and  vs. 
As  to  the  letter  to  our  Gouernour,  we  would  not  bo  oner  ready  to  tako 
notice  of  the  many  disuniteing  t  xprossions  therein,  judging  it  to  proceed 
from  present  lieate,  which  we  hope  time  will  moderate  and  allay.  We 
haue  v'sed  noc  such  violence,  force  nor  invasion  into  your  Colony,  as 
you  mention,  but  in  a  ciuiU  way  haue  exerted  authority  by  vertue  of  his 
Majestyes  gratious  grant  their  openly  read  on  the  place.  We  know  well 
how  to  distinguish  between  a  suitable  attendance  afforded  to  our  Com- 
missioners for  secureing  their  persons*  and  the  charges  against  them 
>  from  the  violent  threats  of  disaffected  persons,  whilst  in  the  discharge  of 
their  commission  and  entering  by  force  of  amies,  &c;  but  we  leaue 
these  things,  not  doubting  but  we  shall  be  well  able  to  satisfie  oursclucs 
if  cuer  called  their  to.  As  to  any  wrong  done  by  Stonington  men  in 
inoweing  on  the  east  side  Pacatucke  riuer,  the  law  is  open,  and  you 
know  to  what  Court  they  belong.  As  for  Carr,  he  is  a  delinquent  to  our 
Colony,  Bud  we  judge  it  meete  he  first  satifie  the  law  here.  If  any  haue 
any  thing  after  to  alledge,  we  will  shelter  none  from  justico  if  legally 
prosecuted.  As  to  your  last  motion,  viz.:  a  loueing  agreement.  The 
settlement  of  those  matters  in  controuersy  between  vs  by  suitable  per- 
sons fully  impowered  by  vs  and  you  thereto,  we  most  freely  accept  of  as 
tending  most  to  peace  and  love  ;  provided,  that  3Tou  doo  indeed  improuo 
them  to  issue  without  those  restrictions  as  formerly.  For  if  the  contro- 
versy be  a  seeming  clashing  of  our  respective  Charters,  &c.,  then  they 
must  not  be  strictly  bound  to  exact  the  terms  of  the  Charter,  but  fully 
impowered  to  make  agreement,  as  may  be  most  meete  as  the  case  is  cir- 
cumstanced. What  we  haue  done  in  exerting  gouernment  hath  bin  uoe 
more  than  what  your  agent  fully  consented  to  in  England.  But  for  any 
forbearance  of  continueing  our  goucrment  till  the  matter  be  decided,  wc 
may  not  consent  to.  Mr.  Crautall  (to  whome  you  refer  vs)  hath  pro- 
pounded an  vnsuitable  place  of  meeting,  considering  the  time,  &c.  "We 
propound  New  London  as  a  more  cquall  and  suitable  place  accommodat- 
ed for  both.  For  the  time,  we  propound  the  first  weeke  in  April!  next, 
because  Mr  Crandall  informes  that  you  cannot  attend  before  the  2Gth  of 
November,  after  which  time  it  will  be  too  hazardous  to  travel] ;  or  if  you 
please  to  come  to  Hartford,  set  your  own  time,  and  giue  us  timely  notis ; 
only  let  us  not  trouble  each  other  to  noe  purpose,  but  be  reall  in  iinpow- 
cring  men  soe  that  indeed  the  end  proposed  may  be  attained.  We  haue 
only  to  add  (to  cleare  our  hands  from  blocd),  that  we  vnderstand  that  one 
Flounders  that  hath  committed  murther  (as  is  alledged)  within  our  juris- 
diction and  is  fled,  is  with  you.  Our  hue  and  cry  is  out  after  him,  and 
Wc  desire  you  would  take  effcctuall  and  speedy  course  that  lie  be  safely 
convaied  into  our  jurisdiction,  and  deliucred  to  some  officer  that  may 


AND  PROVIDENCE  PLANTATIONS.  357 

mistakes  and  disputes  about  the  matter,  that  the  intent  of  1670. 
that  clause  is  only  to  give  liberty  in  such  case  to  the  v-*-v-*^ 
judges  in  the  Court  of  Trialles  for  to  reprieve  if  they  see 
cause  ;  but  not  to  injoyne  them  soe  to  doe,  vnless  they 
see  reason. 

\Thereas,  the  consideration  of  making  such  men  free  in^°^)e*- 
each  towne  of  the  Collony  as  are  judged  able  to  doe  pub-£^°ffi£ 
licke  service,  &c.,  was  referred  to  this  Assembly  :  bee  ittteydaare 

it  not. 

therefore  enacted  by  this  Court  and  it  is  enacted  by  the 
power  and  authoritye  thereof,  that  each  respective  towne 
in  this  Corporation  have,  and  from  henceforth  shall  from 
time  to  time  have  full  power  to  make  any  and  every  such 
person  and  persones  free  of  the  said  respective  townes 
where  they  dwell  as  the  said  towne  or  townes  shall  judge 
capable  to  doe  publicke  service  in  bearing  office  therein  ; 
although  such  person  or  persones  desire  not  to  be  made  a 
freeman  or  freemen  ;  and  soe  they  shall  be  held  capable 
to  be  chosen  into  office  in  the  said  respective  towne  or 
townes,  &c. 

Whereas,  there  hath  formerlv  been  a*  law  that  hee  that  lh*-AWJ°L, 
pulls  down  any  fence  shall  forfitt  five  pound,  it  is  by  this^|re" 
Assembly  declared,  that  that  law  shall  be  and  is  hearby 
repealed. 

"Whereas,  of  late  the  Generall  Assemblves  have  ap-The?ad" 

1  J  r  continued 

poynted  an  auditt  to  examine  the  accounts  of  the  fowre about  r*te3- 
townes  as  relating  to  the  rate  and  rates  made  to  defray 
the  charge  of  procuring  the  Charter,  and  other  charges 
ariseing  on  severall  occasions  for  this  Collonys  vse  and  be- 


conuay  him  to  be  secured  to  a  legall  tryall.  where  he  ought  to  be  tried ; 
which  we  judge  to  be  but  a  neighborly  duty.  We  haue  not  to  add,  but 
the  tender  of  our  respects  ;  and  that  we  are,  worthy  gentlemen,  your  af- 
fectionate freinds  and  loueing  neighbours,  the  Generall  Assembly  of  his 
Majesties  Colony  of  Conecticutt.    Signed  per  your  order, 

October  13>  1670.  Per  Mr.  JOHN  ALLYX,  Secretary. 

uperscribed. 

For  the  much  Honored  the  Generall  Assembly  of  his  Majesties  Colo- 
ny of  Rhode  Island,  «Scc,  in  Newport,  this. 

Per  Mr.  JOHN  CEANDALLr. 


358 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  hoofc  ;  which  audifct,  by  reason  of  the  defect  of  the  towne 
^-^^  of  Providence  not  having  taken  place,  although  the  rest  at- 
tended the  service  at  two  severall  times  appoynted,  but 
could  do  nothinge  because  the  order  tyed  the  whole  fowre 
to  agree  in  that  case  whereby  those  that  travelled  therein 
did  lose  their  labor,  and  whose  accounts  remain  vnauditted, 
which  is  very  obstructive  to  rayzing  supplyes.  But  to 
prevent  such  hcndcranccs  [in  future] ,  the  Court  doe  en- 
acte  and  declare,  that  the  persones  formerly  chosen  to  be 
the  auditt  (viz.),  the  Goucrnor  for  Newport,  Mr.  John 
Sailes  for  Prouidencc,  Mr.  Thomas  Cornell  for  Ports- 
mouth, and  Mr.  John  Weeks  for  Warwick,  shall  still  re- 
maine  in  that  power  ;  and  are  hearby  ordered  and  im- 
powered  as  fully  as  formerly,  to  auditt  the  said  accounts, 
and  to  that  end  to  meet  at  Newport,  the  one  and  twentyeth 
day  of  March,  now  next  coming  ;  and  if  either  the  whole 
fowre  or  any  three  of  them  agree  on  the  accounts,  it  shall 
be  authenticke,  although  any  one  of  the  fowre  be  absent 
or  doth  not  concur  with  the  rest,  though  hee  be  present  ; 
Aand  to  be  the  nfore  cartaine  of  the  proceeding  in  the 
auditt,  it  is  ordered,  that  if  by  reason  of  sickness  or  other- 
wise, any  of  the  forenamed  shall  not  be  able  to  attend  the 
service,  it  shall  be  in  the  power  of  either  towne  to  send 
another  in  the  roome  or  stead  of  such  fayling  party e,  who 
shall  have  the  same  power  as  the  other  had  in  that 
respect. 

The  Assembly  being  sensible  of  the  want  of  moneys  in 
rahtcm?ad°e  the  Generall  Treasury,  whereby  many  debts  due  from  the 
torbenfo?t£t  Colony  are  unpayed,  to  the  determent  of  such  to  whome 
coiiony,    they  are  indebted,  be  it  therefore  enacted,  that  a  presant 

and  how  to 

be  gathered,  course  be  taken  to  gather  vp  the  rate  of  three  hundred 
pound  that  was  ordered  and  levied  on  the  severall  townes 
and  places  of  the  Collony  at  the  Court  held  at  Warwick, 
the  29th  of  June  last  past,  which  was  intended  for  the 
supply  of  an  agent  or  agents  to  goe  for  England,  as  in 
that  order  it  is  expressed  ;  as  alsoe  it  is  ordered,  that 
some  effectuall  and  speedy  course  be  taken  to  gather  vp 


AND  PROVIDENCE  PLANTATIONS.  359 

the  remainder  of  the  sixe  hundred  pound  rate  that  was  1670. 
made  in  the  }reare  1G64,  and  that  the  same,  together  with 
the  three  hundred  pound  aforesaid,  be  payd  in  together  to 
the  Generall  Treasury,  by  such  as  have  not  payd  their  part 
of  the  six  hundred  pound  rate  ;  and  such  as  have  payd 
that  rate,  are  to  pay  their  respective  parts  of  the  three 
hundred  pound  rate  above  mentioned  vnto  the  Generall 
Treasurer  ;  alsoe  all  which  said  rate  and  rates  are  without 
faile  to  be  payd  in  by  each  person  therein  concerned  at 
or  before  the  25th  day  of  December  now  next  coming  ; 
and  in  case  any  shall  refuse  or  neglect  making  due  pay- 
ment accordingly,  it  shall  be  in  the  power  of  the  Govern- 
or, with  any  two  Assistants,  to  appoynt  any  person  or 
persones  they  judge  meet,  to  take  the  same  by  distraynt, 
having  warrant  vnder  the  hands  of  the  Governor  and  two 
Assistants  soe  to  distrayne,  and  shall  bring  what  they  soe 
take,  into  the  Treasury  aforesaid  ;  as  alsoe  they  shall  have 
power  to  take  soe  much  more  as  by  former  order  is  al- 
lowed to  be  taken  for  defraying  the  charge  of  taking  it  by 
distraynt,  which  is  five  shillings  on  the  pound,  &c.  And 
it  is  further  declared,  that  the  said  rate  and  rates  are  to  be 
payd  in  good  porke,  at  three  pence  the  pound  ;  pease,  at 
three  shillings  and  six  pence  the  bushell ;  wheat,  at  five 
shillings  the  bushell  ;  Indian  corne,  at  three  shillings  the 
bushell  ;  oats,  at  two  shillings,  three  pence  a  bushell ; 
wooll,  at  twelve  pence  the  pound  ;  and  butter,  at  sixe 
pence  the  pound  ;  or  such  other  pay  as  Mr.  John  Cogges- 
hall,  Generall  Treasurer,  shall  see  cause  to  accept.  And 
in  case  any  bee  willing  to  pay  their  rate,  or  part  thereof 
in  New  England  money,  then  every  shilling  soe  payd 
shall  be  accepted,  instead  of  two  shillings  of  the  pay 
above  mentioned.    And  whereas,  there  are  some  who  doe 
or  shall  engage  to  lend  the  Collony  money  at  present,  to 
discharge  that  dept  of  eightye  pound  starling  due  from  the 
Collony,  to  Mr.  Richard  Deane,  in  England  ;  it  is  order- 
ed, that  the  said  persones  soe  paying  for  that  account, 
shall  speedily  be  repayed  out  of  the  rate  and  rates  afore- 


3G0 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1070.  sayd  ;  and  shall  have  fortye  shillings,  in  Now  England 
money  for  thirty  shillings  in  England  ;  and  soe  for  any 
greater  sum  proportionally  ;  and  in  case  money  be  not  to 
be  had,  then  they  shall  have  provisioncs  instead  thereof 
double  instead  of  New  England  money  ;  that  is,  at  halfe 
the  price  abovesett  vpon  each  specye  of  provisioncs.  And 
seeing  the  towne  of  Warwicke  do  vndertake  to  discharge 
eight  and  twentyc  pound,  ten  shillings  of  that  dept  in 
England,  it  is  ordered,  that  if  they  doe  it  as  engaged, 
then  what  may  remaine  vnpayd  of  their  part  of  the  six 
hundred  pound  rate  shall  not  be  taken  by  distraynt  vntill 
the  audit  appoynted  shall  have  met  at  the  time  and  place 
before  prefixed,  to  auditt  the  townes  accounts  ;  but  as  to 
the  three  hundred  pound  rate,  the  towne  of  Warwick,  as 
well  as  other  townes,  shall  pay  in  at  or  before  the  25th  of 
December  aforementioned  to  the  Generall  Treasurer  as 
aforesaid,  and  shall  not  stop  or  detayne  all  or  any  part 
thereof,  in  consideration  of  that  twenty  eight  pound,  ten 
shillings,  engaged  to  pay  in  England  as  aforementioned  ; 
but  in  cas.e  of  default  in  that  rate,  by  none  paying  it,  they 
shall  be  lyable  to  be  distrayned  vpon  as  well  as  others,  and 
a  coppie  of  this  order  speedily  sent  vnder  the  Recorder's 
hand  to  Block  Island  and  every  other  place,  shall  be  ac- 
counted sufficiente  notice  for  them  to  hasten  the  levying 
and  paying  their  respective  rates  accordingly. 

Whereas,  the  Generall  Assembly  that  sat  at  Warwicke, 
.Tune  the  29th,  last  past,  did  impose  a  rate  on  the  severall 
townes  and  places  of  this  Collony,  and  the  Assembly  hav- 
ing farther  taken  consideration  of  the  premised  matter  soe 
as  to  confirme  the  same,  and  considering  that  the  former 
rate  made  in  the  year  1GG4,  could  not  be  gathered  by  the 
Gen'll  Sargant,  or  any  in  publicke  place  soe  as  thereby  to 
pay  the  Collonyes  debts  due  to  Mr.  Richard  Deane,  in 
England,  &c,  by  reason  the  rates  were  not  made  in  sev- 
erall places,  as  Pettaquamscott,  Block  Island,  &c.  :  for 
the  removeing  of  which  obstruction,  and  that  the  matters 
may  be  carried  on  to  effect,  it  is  ordered  by  this  Assembly 


AND  PROVIDENCE  PLANTATIONS. 


and  the  authoritye  thereof,  that  for  the  rate  that  was  im-  10 
posed  on  Pettaquaniscott,  in  the  yeare  16G4,  and  alsoe  for' 
this  present  rate,  that  Mr.  John  Porter,  Mr.  Samuell  Wil- 
son, Mr.  Jirah  Bull,  Thomas  Mumford,  and  Eber  Sher- 
man, these  five  or  any  three  or  more  of  them,  have  full 
power  to  make  the  rate  or  rates  aforesaid.  And  for  Block 
Island,  Mr.  Thomas  Terry,  Mr.  James  Sands,  Mr.  Sam'll 
Hagboum,  Mr.  Peter  George  and  Mr.  Robert  Guttery, 
these  five  or  any  three  or  more  of  them,  have  full  power 
to  make  the  rate  or  rates  for  that  which  is  imposed  on 
Block  Island.  And  for  the  rate  that  is  imposed  on  Co- 
nonicott,  the  persons  that  are  nominated  and  appoynted, 
are  the  Governor,  Mr.  William  Coddington,  Mr.  Peleg 
Sanford,  Mr.  Frances  Brinly,  Mr.  Robert  Carr  and  Mr. 
Caleb  Carr,  these  sixe  or  any  fowre  or  more  of  them  have 
full  power  to  make  the  rate  imposed  on  Cononicott ;  and 
in  case  those  persons  before  named,  belonging  to  the  sev- 
erall  places  aforesaid,  shall  refuse  or  neglect  the  making  a 
just  and  e email  rate  on  the  severall  inhabitants  or  proprie- 
tors belonging  to  each  place,  that  then  warrant  shall  goe 
forth  from  the  Governor  and  any  two  Assistants,  to  any 
person  whome  they  shall  think  fitt,  to  distrayne  on  any  of 
the  refuseing  persones  estate,  the  full  sum  that  is  imposed 
on  the  place,  as  by  the  aforesaid  order  is  expressed.  And 
further,  for  the  preventing  of  all  manner  of  delayes  that 
may  arise,  it  is  ordered,  that  these  severall  rates  shall  be 
made  within  sixe  dayes  after  the  coppies  come  to  the 
severall  townes  or  places  of  this  Collony,  which  coppies 
are  to  goe  forth  from  the  Recorder  within  sixe  dayes  after 
the  dissolution  of  this  present  Court. 

Ordered,  that  what  part  of  the  rate  or  rates  formerly  or 
now  ordered  to  be  payed  into  the  Generall  Treasurer,  that 
for  all  that  hee  receives  in  provisiones,  bee  shall  be  al? 
lowed  for  his  care  and  paynes  therein,  one  shilling  vpon 
the  pound  ;  but  nothing  for  that  he  receives  in  money  or 
what  he  receives  for  any  fines  that  are  due  to  the  Collony, 

46 


362 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1670.  .and  what  charge  hce  shall  bo  at,  hee  shall  be  allowed  for 
v--^v-^'  that  besides. 

Ordered,  that  any  man  that  hath  been  employed  vpon 
JuS'e'biin  any  publicke  imploy  vpon  the  Collonycs  account,  there 
arS* Treas" billes  being  signed  by  the  Governor,  Capt.  John  Cranston, 
Mr.  John  Ooggeshall,  Mr.  John  Easton,  or  any  two  of 
them,  with  the  Governor,  it  shall  be  a  sufficient  order  for 
the  Generall  Treasurer  to  pay  such  bills  to  those  that  have 
them  soe  signed. 

Whereas,  there  is  a  bill  presented  to  this  Generall  As- 
sembly,  that  they  would  take  care  to  provide  that  in  any 
j"  tVa  ruomc  case  or  cases  wherein  the  Generall  Sargent  is  a  party  con- 
party,  corned,  that  some  olher  person  may  be  appoynted  to  offi- 
ciate therein,  as  to  serve  the  summones  by  which  hee  is  to 
be  summoned  to  the  Court,  or  to  serve  execution  in  case 
hce  be  cast  in  any  action,  &c.  It  is  ordered,  by  this  As- 
sembly and  the  authorytye  thereof,  that  the  Towne  Sar- 
gant  in  what  towne  soever  the  Generall  Sargant  shall  live, 
shall  have  the  full  power  to  officiate  in  any  case  wherein 
the  Gen'll  Sargant  is  a  party,  that  the  Gen'll  Sargant 
hath  in  any  other  persones  case  or  cases,  and  in  soe  acting 
shall  be  justified,  and  his  legall  proceedings  therein,  held 
stable  and  good  in  law. 

AVhereas,  there  was  a  suit  commenced  by  John  Knowles, 
The  matter  of  Warwicke,  against  Wawenockshott,  an  Indian,  for  burn- 
joLn  '     in";  his  hay  :  and  in  the  Court  of  Trialles  it  was  thought 

Knowlts  and      ©  J  _  ° 

an  Indian.  g00j  to  stop  or  prevent  the  proceedings  in  the  way  of 
law,  because  the  Indians  could  not  vnderstand  the  way  of 
our  proceedings,  &c,  it  is  by  this  Assembly  thought  fitt, 
and  wee  do  hearby  declare  that  the  matter  aforesaid  is 
fully  left  to  the  determination  of  the  three  Assistants  of 
Providence,  and  the  two  Assistants  of  Warwick  ;  these 
five  or  any  three  or  more  of  them  agreeing,  are  fully  im- 
powered  to  issue  and  determine  in  the  premises. 

Upon  a  motion  made  by  Capt.  John  Cranston,  that  he 
,r  ,„,„„    Court  would  alter  the  dayes  of  training  in  the  towne  of 
daysatcred  Newport,  partly  for  that  some  of  the  towne  of  Newport 


An  order 

concerning 

Flounders 


AND  PROVIDENCE  PLANTATIONS.  oQ'i 

trayning  dayes  fall  on  the  dayes  appoynted  for  the  Towno  1670. 
Councill  sitting,  and  soe  the  one  hinders  the  others  pro- 
ceedings, and  partly  for  that  the  trayning  dayes  at  Ports- 
mouth and  at  Newport  falling  on  the  same  dayes  together, 
soe  that  the  officers  and  such  souldiars  as  would  be  pres- 
ant  at  each  others  exercise  for  giveing  the  more  vigour 
and  giveing  the  more  experiance,  are  hindered  by  the  soe 
falling  of  the  exercise  at  both  places  on  one  and  the  same 
day  :  be  it  therefore  enacted,  that  where  the  trayning  at 
Newport  falls  on  the  first  Monday  in  the  month,  it  shall 
for  future  be  on  the  second  Monday  of  the  said  month  ; 
and  where  it  falls  on  the  last  Monday,  it  shall  be  hence- 
forth the  last  Monday  save  one  in  the  same  month,  any 
former  order  to  the  contrary  notwithstanding. 

Whereas,  Edward  Greenman  and  John  Greene,  of 
Newport,  hath  prayed  the  Assembly  to  order  and  declare 
as  touching  the  disposall  of  the  estate  late  belonging  vnto 
Thomas  Flunders,  alias  Flounders,  lately  executed  for 
killing  Walter  House,  &c.  :  the  Assembly  being  sensible 
that  the  said  estate  is  forfitted  vnto  our  Soverajgne  Lord, 
the  King,  as  appeares  by  the  statute  law  of  England,  in 
such  case  provided,  and  the  Assembly  considering  that  by 
his  Majesty es  late  royall  grant  vnto  this  Collony  hath  gra- 
tiously  given  them  the  free  disposall  of  all  such  fines  and 
forfitures,  doe  therevpon  order  and  declare,  that  all  the 
said  estate  be  seized  and  secured  by  order  from  Mr.  John 
Coggeshall,  Generall  Treasurer  of  this  Collony,  to  be  dis- 
posed of  by  order  from  the  Generall  Assembly,  for  defray- 
ing the  charges  that  hath  necessarily  arisen  in  and  about 
the  apprehending,  imprisoning,  trying  and  executing  the 
said  Thomas  Flunders,  alias  Flounders,  which  charges  be-, 
ing  thereout  fully  paid  and  cleared,  the  Assembly  commis- 
serating  the  solitary  and  poore  estate  and  condition  of 
Sarah,  the  late  wife  of  the  forenamed  Thomas  Flunders, 
alias  Flounders,  doe  freely  give  all  the  remainder  of  the 
said  estate  vnto  the  said  poore  widdow,  for  the  reliefe  and 
comfort  of  her  and  her  poore  infant,  to  be  delivered  to  her 


;;c,i 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  or  her  order,  when  time  shall  be  conveniante,  as  aforesaid. 

— ~-~«^  And  farther  doe  order,  that  for  her  presant  relcife  in  the 
meane  time,  she  shall  have  all  the  bedding  and  household 
stuffe,  and  one  cow  and  one  hogge,  together  with  the 
come,  given  and  delivered  to  her  vse  out  of  the  said 
and  the  remainder  of  the  rest  afterward,  as  afore  pre- 
prcmised. 

The  names  of  such  of  the  towne  of  Providence,  as  are 
made  free  of  the  Collonye. 

Christopher  Smith,  Anthony  Everenden,  John  Smith 
Mason,  Leonard  Smith,  Daniell  Williams,  James  Matte- 
son,  Nathaniel  Waterman,  John  Angell. 

The  names  of  such  of  the  towne  of  Newport  as  arc 
made  free  of  the  Collony  : 

Nicolas  Easton,  Jun'r,  John  Easton,  Jun'r,  Weston 
Clarke,  John  Crandall,  Joseph  Devell. 

Ordered,  that  the  coppies  of  this  Court  orders,  and  the 
coppies  of  the  Assembly,  that  sat  October  the  13th  in- 
stant, shall  be  sent  to  the  townes,  vnder  the  seale. 

Ordered,  that  the  Recorder  shall  have  twenty  shillings 
from  each  towne  for  the  aforesaid  coppies  to  the  townes, 
and  five  shillings  from  Block  Island,  and  the  lycke  from 
Petaquamscott. 

Ordered,  that  the  Recorder  shall  have  five  shillings 
from  each  towne,  for  the  coppies  of  March  Court. 

Att  a  meeting  of  the  Governor  and  Magistrates  of  Neivport, 
at  Nevjport,  January  30th,  1670,  the  occasion  of  the 
said  meeting  being  for  dtlovnng  and  signing  the  severatl 
debts  due  from  the  Colony  to  perticular  persons. 

£  s.  d. 

There  being  an  account  presented  by  Richard 
Baily,  which  was  proved,  and  by  which  there  did 
appear  to  be  due  vnto  him  to  ballance  the  said 
account,  five  pounds,  six  shillings  ;  the  said 
account  was  allowed  of  and  signed  accordingly.    5  06  0 


AND  PROVIDENCE  PLANTATIONS.  365 

There  is  allowed  to  Mr.  James  Barker  for  his    £  s.  d.  1670. 
voyage  to  Xarragansit  to  the  Conecticot  Com- 
missioners,  four  shillings.      -       -       -       -         4  0 

There  is  allowed  to  Mary  Timberlake  for  a 
horse  hired  to  New  London,  for  Richard  Baily, 
fifteen  shillings.  -       -       -       -       -       -        15  0 

There  is  allowed  to  Thomas  ffrv  for  provisions 
for  John  Galliardy,  who  was  prest  to  goe  to 
Narragansitt  to  fetch  Mr.  Crandall,  the  sum  of 
two  shillings,  six  pence.       -       -       -       -         2  6 

There  is  allowed  to  Thomas  Watternian,  for 
victualls  and  lodging  to  Xinecraft  and  Sawa- 
gonett,  ten  shillings.    -       -       -       -       -        10  0 

There  is  allowed  to  Nathaniell  Dickins,  for 
service  done  for  the  Collony,  four  shillings,  to 
be  paid  out  of  Thomas  ftlounders  estate.  -       -         4  0 

There  is  allowed  to  Mr.  Robert  Carr,  for  sev- 
severall  publick  services  done  by  him,  and  his 
sloope  and  hands  to  this  day,  nine  pounds.  9  00  0 

There  is  allowed  vnto  Mr.  Henry  Palmer  for 
severall  disbursements  and  services  by  him  done 
vnto  this  day,  three  pounds.  -       -       -       -    3  00  0 

There  is  allowed  vnto  Mr.  Caleb  Carr,  for 
severall  services  done  by  him  and  his  boate,  to 
this  day,  four  pounds.  -        -       -       -       -    4  00  0 

There  is  allowed  vnto  Lft.  Joseph  Torrey,  for 
severall  services  that  appeare  to  be  done  by 
him  vnto  this  day,  six  pounds,  eight  shillings 
and  eight  pence.         -       -       -       -       -    6  08  8 

There  is  allowed  to  Serjeant  William  Wee- 
den,  fiue  shillings  and  six  pence  in  money,  for 
severall  disbursements  by  him,  being  for  money 
lent  in  the  Generall  Assembly.      -       -       -       05  6 

There  is  allowed  to  Watte  Clarke,  for  his 
boate  in  transporting  of  John  Easton,  Joseph 
Torrey,  and  Joshua  Coggeshall  to  Providence, 
and  bringing  them  downe,  which  was  by  order 


3GG 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G70.  of  the  Gencmll  Assembly  in  March,  1GG9-70,  £  s.  d. 
'J^^-,  the  sum  of  twenty  shillings.  -        -       -        -    1  00  0 

There  is  allowed  to  John  Peckham,  Junior, 
for  the  hire  of  his  horse  to  goe  to  Hartford  with 
Joseph  Torrey,  Jun'r  (and  for  Mr.  Crandall's 
horse,  which  went  part  of  the  journey),  the  sum 
of  twenty  shillings.      -        -        -       -       -100  0 

There  is  allowed  to  Serjeant  Rogers,  for  dis- 
bursements about  Thomas  lllounders,  thirty  shil- 
lings, to  be  paid  out  of  Thomas  fliounders 
estate.  1  10  0 

There  is  allowed  to  Capt'n  Cranston,  for  his 
voyage  to  New  Yorke  and  Seaconck,  in  the 
yeares  1664  and  16G5,  and  for  other  service 
done  by  him,  four  pounds,  sixteen  shillings  and 
six  pence.  -       -       -       -       -       -       -    4  16  6 

There  is  allowed  to  Jeremiah  Browne,  for 
the  hire  of  his  boate  to  bring  downe  about 
twenty  persons  from  Providence,  by  vertue  of 
an  order  from  William  Brenton,  Esq.,  then 
Governour  ;  and  alsoe  for  his  boate  to  goe  to 
Narragansitt,  with  Mr.  John  Crandall,  Sen'r, 
in  the  yeare  1G70,  the  sum  of  forty  shillings.       2  00  0 

There  is  allowed  to  Sarah  Reape,  for  hire  of 
her  horse  for  the  vse  of  Mr.  John  Crandall,  to 
goe  to  Hartford,  twenty  shillings.  -       -  1  00  0 

There  is  allowed  to  James  Browne,  for  four 
dayes  service,  twelve  shillings.      -       -       -       12  0 

There  is  allowed  to  Thomas  Brookes,  for  flue 
dayes  service,  fifteen  shillings.       -       -       -       15  0 

42  09  2 

There  is  allowed  to  Mr.  John  Coggeshall, 
for  charges  expended  by  him  about  Thomas 
fliounders,  ten  shillings,  to  bee  paid  out  of  the 
said  fliounders  estate  -       -       -       -       -       10  0 

March  30. 


AND  PROVIDENCE  PLANTATIONS. 


A  bill  signed  to  Pardon  Tillinghast,  for  the  vse  of  his  16 
boate.       -       r  -       -       -       -       10  0^ 

To  Mr.  John  Almy,  for  a  horse,  and  his 
owne,  and  his  mans  paines  in  goeing  to 
Plimouth,  nine  pounds,  ten  shillings.       -  9  10  0 

To  Mr.  John  Greene,  Assistant,  for  his 
charges  and  paines  in  goeing  to  the  Treaty  at 
New  London,  and  other  publick  expenses,  ten 
pounds.     -       -       r       -       -       -       -  10  00  0 


Proceedings  of  the  Generall  Assembly  held  for  the  Cottony 
of  Rhode  Island  and  Providence  Plantations  at  Newport, 
the  2d  of  April,  1671. 

Voted,  whereas  sundry  persons  of  the  towne  of  Ston- 
ington,  in  the  jurisdiction  of  Connecticut  Collony,  have  of 
late  in  a  most  riotous,  tumultuous  and  rebellious  manner, 
made  incursions  upon  the  towne  of  Westerlye,  in  this  his 
Majestye's  Collony  of  Rhode  Island  and  Providence  Plan- 
tations, &c,  and  have  knocked  down,  carried  away,  and 
under  a  pretence  of  authority  derived  from  his  Majestye, 
have  imprisoned  and  sentenced  severall  persons  of  the  said 
towne,  to  the  great  affrighting  and  disquieting  of  the  rest : 
and  whereas,  upon  notice  given  to  the  Governor  and  gov- 
ernment of  the  said  Connecticut  Colony,  instead  of  bringing 
the  said  offenders,  or  at  least  the  ringleaders  of  such  riotous 
and  rebellious  practices,  to  receive  suitable  recompence  for 
such  heinous  offences  by  them  committed  against  our  Sov- 
eraigne  Lord  the  King,  and  his  loyall  subjects  of  that  place, 
or  to  deliver  them  up  to  this  jurisdiction  where  the  offence 
was  committed,  in  order  to  receive  by  their  hand  condign 
punishment  for  the  same,  have  countenanced  and  encour- 
aged the  afforesaid  offenders,  alledging  that  they  had  Pa- 
tent Right  to  exercise  jurisdiction  over  those  parts,  and  over 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1.  all  the  Nanaganset  country  beside,  which  yet  are  so  plainly 
expressed  in  his  Majestyc's  gracious  grant  given  vnto  vs. 
And  whereas,  the  preceding  Gencrall  Assembly  of  this 
Collony  (in  order  to  prevent  the  effusion  of  blood  vpon 
that  account,  together  with  the  reproach  and  dishonor  that 
may  thereby  arise  and  come  vnto  his  Majestyc's  authority, 
which  he  hath  been  pleased  graciously  to  invest  these  his 
Collonys  with),  as  peaceable  minded  neighbours  to  Con- 
necticut Collony,  and  as  loyall  subjects  vnto  his  Majestye, 
have  often  moved  them  for  a  friendly  treaty  touching  the 
premises,  in  order  to  attain  such  a  right  understanding  of 
his  Majesty  e's  mind  therein,  expressed*  in  his  gracious 
grants  bestowed  upon  us  as  may  bo  for  our  mutual  satis- 
faction and  content,  so  as  to  prevent  the  giving  of  his 
Majestye,  ourselves  and  our  friends  any  further  trouble 
touching  the  same  ;  and  when  that  essay  failed,  and 
would  not  by  them  be  attended  unto,  did  further  make 
unto  them  such  fair  tenders  for  peace  with  respect  to  pro- 
priety, and  also  jurisdiction,  as  appealing  to  his  Majestye 
for  his  decision  therein,  which  we  are  persuaded  no  good 
Christian  peaceable  minded  man  or  loyall  subject,  that  is 
not  extremely  biassed  with  self-concerns  vpon  a  private 
account,  can  turn  aside  from.  And  notwithstanding  all 
these  attempts  cannot  prevail  with  them  for  a  friendly  com- 
ply ance  with  us  therein,  but  on  the  contrary  have  received 
from  them  as  their  last  result,  a  fixed  resolution  to  force 
their  way,  which  alsoe  forceth  us  to  prosecute  our  appeale 
to  the  vtmost  before  bis  Majestye  for  his  royall  result  and 
determination  therein,  in  which  we  shall  cheerfully  ac- 
quiesce as  loyall  subjects  ought  to  do,  and  yet  since  we 
cannot  but  take  ourselves  obliged  both  by  nature  and 
grace  in  the  meane  time  vigorously  to  assert  his  Majes- 
tye's  sovereignity  over  the  whole  eountrey,  and  to  exert 
and  put  forth  the  authority  and  trust  by  him  committed  to 
us  over  these  parts  ;  wherefore,  be  it  enacted  by  this 
present  Assembly  and  the  authority  thereof,  that  in  case 
any  of  the  men  of  Stoningtown  aforesaid,  or  any  other  be- 


AND  PROVIDENCE  PLANTATIONS. 


369 


longing  to  that  jurisdiction,  after  the  peaceable  tenders  1670. 
that  have  been  made  as  is  abovesaid,  shall  be  found  plot- v**"v""*s 
ting,  contriving  or  acting  in  such  riotous,  rebellious  pro- 
ceedings and  practices  for  the  time  to  come,  whereby  his 
Majestye's  authority  conferred  on  this  Collony  is  invaded, 
and  the  lives  and  estates  of  his  liege  people  hazarded,  that 
then  all  the  right  and  title  pretended  to  either  in  land, 
houses,  goods  or  chattels  within  this  Collony  by  such  plot- 
ters, contrivers  or  riotous  actors,  their  aiders  and  abettors 
as  to  them,  their  heirs  and  assigns,  shall  be  deemed  void 
and  null  as  forfeited  to  his  Majestye,  and  shall  be  forth- 
Avith  seized  upon  according  to  his  royall  grant  to  us,  for 
the  use  of  the  Collony  ;  and  also  the  persons  of  such  plot- 
ters, contrivers  and  riotous  actors,  their  aiders  and  abettors, 
when  they  can  be  apprehended  and  seized,  being  found 
within  this  Collony,  shall  receive  such  condign  punish- 
ment otherwayes  for  their  said  offences,  as  his  Majestye's 
laws  have  pi'ovided  in  such  like  cases. 

And  be  it  further  enacted  by  this  present  Assembly, 
that  in  case  any  of  the  inhabitants  of  the  towne  of  Wes- 
terly, who  are  expressly  within  the  bounds  of  this  Collony, 
and  have  solemnly  engaged  submission  unto  the  authority 
which  his  Majesty  hath  been  pleased  to  invest  vs  with 
over  those  parts,  shall  at  any  time  hereafter,  put  his 
lands,  or  any  part  thereof,  that  are  on  the  east  side  of 
Pawcatuck,  alias  Narraganset  river,  and  the  line  drawn 
from  thence  as  is  expressed  in  our  Charter,  under  the 
government  of  Connecticut  or  any  other  jurisdiction,  or 
shall  endeavor  actually  to  bring  in  the  aforesaid  govern- 
ment or  any  other  foreign  power,  to  exercise  authority 
over  those  parts  or  any  other  part  of  the  Collony,  or  yield 
obedience  thereunto,  he  and  they  and  every  of  them,  shall 
incur  the  penalty  for  either  the  aforesaid  offences,  that  the 
law  made  in  1658  hath  provided  ;  which  is  to  forfeit  all 
his  or  their  land  and  estate  to  the  Collony. 

And  it  is  further  enacted,  that  what  damage  any|per- 
sons  in  the  towne  of  Westerly,  or  any  others  in  this  Collo- 

vol.  ii.  47 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1.  ny,  shall  sustain  (by  reason  of  their  adhering  to  the  gov- 
^  eminent  established  in  this  Collony),  in  their  persons  or 
estates,  their  damage  shall  be  made  good  and  repaired  out 
of  the  estates  of  those  that  are  the  occasioners  thereof,  or 
actors  therein.* 

Alt  a  meeting  of  the  Governor  and  Magistrates  of  Newport, 
at  Newport,  Aprill  lAth,  1671. 

There  being  this  day  a  letter  delivered  to  the  Governor 
from  the  Honored  Thomas  Prince,  Esq.,  Governor  of  New 
Plimouth,  ordered,  that  the  ensueing  answer  be  returned 
by  the  same  messenger. 

Honored  Sir :  Yours  of  the  4th  instant  wee  received 
this  day,  and  immediately  resolved  to  returne  an  answer 
by  the  messenger ;  and  indeed  wee  did  very  much  won- 
der, that  while  there  were  soe  continuall  rumors  of  inva- 
sions from  the  Indians,  wee  did  not  receive  some  intima- 
tions from  you,  what  you  conceived  might  bee  the  ground 
thereof,  or  of  the  present  assembling  of  the  Indians  in  hos- 
tile manner  soe  near  our  doores  ;  and  as  wee  have  been 
wholly  ignorant  of  the  causes  of  these  commotions,-  soe 
Avee  are  of  the  present  state  of  them ;  only  haue  been 
thereby  soe  farr  awakened  that  wee  looked  at  ourselues 
obliged  to  doe  our  duties  for  preventing  those  evills  that 
might  bee  the  consequences  of  security.  And  haue  there- 
fore  kept  a  watch  in  all  places,  where  wee  conceived  dan- 
ger might  probably  approach,  which  wee  haue  maintained 
for  neare  a  nioneth.  But  hauing  now  received  soe  excel- 
lent and  seasonable  information  from  yourselfe,  wee  cannot 
but  with  all  gratitude  accept  it,  and  could  haue  been 
glad  if  it  had  come  to  hand  sooner,  that  wee  might  haue 
waited  vpon  you  at  Taunton.  But  since  the  time  is 
elapsed,  wee  heartily  desire  that  the  Lord  will  graciously 
assist  you  in  your  present  agitations,-  and   giue  such 


*  I  am  indebted  to  the  Hon.  Elisha  R.  Potter  for  an  early  manuscript  copy 
of  this  act,  which  does  not  appear  in  the  record  in  the  Secretary's  office.  J.  R.  B. 


AND  PROVIDENCE  PLANTATIONS. 


371 


speede  to  your  endeavours  that  thereby  the  interest  of  1671. 
our  Soveraigne  may  bee  promoted,  and  his  subjects  inv-"~v~*- 
these  parts  of  the  world  secured  in  peace  and  peaceable  en- 
joyment of  their  habitations.  If  vpon  your  overtures  with 
Phillip,  you  discern  any  thing  the  knowledge  whereof  you 
shall  thinke  may  promote  the  common  good  and  safety, 
wee  earnestly  desire  you  will  be  pleased  to  impart  it  to 
vs,  and  assure  your  selues  wee  shall  soe  improue  it  as  that 
wee  shall  manifest  wee  are, 

(Sir),  your  affectionate  friends  and  neighbors, 

BENEDICT  ARNOLD, 
JOHN  CRANSTON, 
JOHN  COGGESHALL. 
Iff  any  thing  of  consequence  present  to  vs,  wee  shall 
omit  noe  opportunity  of  giueing  you  information  of  it. 

To  the  Honorable  Thomas  Prince,  Esq.,  Governor  of 
his  Majesties  Collony  of  New  Plimouth.  These 
present  at  Taunton.     Per  JABEZ  HACKITT. 
The  acts  and  proceedings  of  this  yeare  1670,  from  May, 
1670  to  May,  1671,  are  placed  to  record  as  aboue. 

Per  RICHARD  BAILY,  Secretary. 

The  Licenses  vnderwritten  are  placed  to  record  by  or- 
der of  the  Governor  and  Magistrates. 

Henry  Palmer's  Recognizance. 

Know  all  men  by  these  presents,  that  wee,  Henry 
Pallmer,  Caleb  Carr,  and  Peleg  Sanford,  all  of  Newport, 
on  Rhode  Island,  doe  acknowledge  ourselues  indebted 
vnto  our  Soveraigne  Lord,  the  King,  in  the  true  and  just 
sum  of  twenty  pounds  sterling  ;  that  is  to  say,  the  said 
Henry  Palmer,  in  the  sum  of  ten  pounds,  and  the  said 
Caleb  Carr  and  Peleg  Sanford  as  sureties  for  the  said 
Henry  Palmer  in  the  true  and  just  sum  of  fiue  pounds  a 
piece,  to  be  levied  on  their  lands,  goods,  or  chattels.  *  In 
witness  whereof,  they  haue  herevnto  set  their  hands  the 


3T2 


RECORDS  OP  TIIK  COLONY  OF  RHODE  ISLAND, 


1071.  eight  and  twentieth  day  of  Aprill,  one  thousand,  six  hun- 
i^v"*"' dred  and  seventy  one. 

The  condition  of  the  abouesaid  obligation  is  such,  that 
whereas,  the  abouesaid  Henry  Pallmer  hath  a  license  to 
keepc  a  publiok  ordinary,  or  victualing  house,  for  the  en- 
tertainment of  strangers,  or  others.  If  therefore,  the  said 
Henry  Pallmer  shall  not  permit  or  suffer  that  there  bee 
any  disorders  in  his  house,  either  by  vnreasonable  drink- 
ing,, or  persons  remaining  there  at  vnseasonable  times,  or 
vseing  any  manner  of  games  ;  but  shall  in  all  respects 
keepe  and  maintaine  such  good  and  civill  orders  in  his 
said  house  as  arc  agreeable  with  the  laws  and  peace  of 
this  towne  of  Newport,  aforesaid  ;  then  this  obligation  to 
bee  voide,  or  else  to  remaine  in  full  force  for  our  Sover- 
aigne  Lord,  the  King,  against  the  said  Henry  Palmer  and 
his  sureties  in  manner  and  forme  as  is  aboue  in  these 
presents  expressed.*  HENRY  PALMER, 

CALEB  CARR, 
PELEG  SANFORD. 
Taken  before  nice,  the  day  and  ycare,  abouewrti- 
ten.  JOHN  CRANSTON,  Ass't. 


*  There  are  several  other  liceuses  on  record,  together  with  bonds  accompa- 
nying.   It  is  not  deemed  necsesary  to  print  them  here.    J.  R.  13. 


AND  PROVIDENCE  PLANTATIONS 


16' 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at 'New- 
port, May  the  2d,  1671. 

Mr.  Benedict  Arnold,  Governor. 

Mr.  Nicolas  Easton,  Deputye  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  John  Easton, 
Mr.  William  Carpenter, 
Mr.  Roger  Williams, 


Mr.  Thomas  Olney,  Jun'r, 
Mr.  William  Banlston, 
Mr.  John  Tripp, 
Capt.  John  Greene. 
Mr.  James  Greene, 


For  Xewport. 
Mr.  John  Clarke, 
Mr.  Caleb  Carr, 
Mr.  Peter  Easton, 
Joseph  Torrey, 
Mr.  Richard  Bayley, 
Mr.  James  Barker, 

For  Providence. 
Mr.  Thomas  Olnye,  Sen'r, 
Mr.  John  Sailes, 
Mr.  Shadrack  Manton, 
Mr.  Ephraiai  Carpenter, 

For  Portsmouth. 
Mr.  Thomas  Cornell, 


DEPUTIES. 

Mr. 
Mr. 
Mr. 


Mr. 
Mr. 
Mr. 
Mr. 

Mr. 

Mr. 


William  Sniyton, 
Joshua  Coggeshall, 
John  Sanford, 
For  Warwicke. 
Benjamin  Smith, 
Stukely  Westcott, 
Walter  Todd, 
Richard  Carder, 
For  Westerly. 
John  Crandall, 
Tobias  Sanders, 


The  Governor  chosen  Moderator. 
Joseph  Torrey,  Gierke  of  the  Assembly. 
Robert  Dennis,  Caleb  Arnold,  Latham  Clarke,  William 
Burrington,  John  Pinner,  J^hn  Borden,  Henrv  Bright- 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G71.  man,  Danill  Lawton,  John  Pearce,  George  Brownell, 
s^^^Peleg  Shearman,  Thomas  Havens,  Thomas  Ffish,  Jun'r, 
David  Vaughan,  Zurill  Hall,  all  of  the  towne  of  Ports- 
mouth, are  accepted  Ifreemen  of  the  Collony. 

Ordered,  that  the  Generall  Assembly  shall  sitt  tomorrow 
morninge,  at  eight  of  the  clock,  that  soc  the  Election  may 
goe  on  the  more  clecrly. 

Some  motions  proposed  by  Capt'n  John  Cranston,  are 
referred  to  the  Generall  Assembly  that  is  to  take  place 
tomorrow,  to  be  further  considered. 

This  Generall  Assembly  dissolved. 

In  this  Assembly,  John  Crandall,  Jun'r,  Joseph  Devell, 
Thomas  Ward,  Nicholas  Davis,  "William  Richard,  Jun'r, 
•  Steven  Sebeere,  William  Iliscox,  Phillip  Eads,  Symon 
Parrot,  Jeremiah  Browne,  John  Beere,  Hen  Beere,  Ben- 
edict Arnold,  Jun'r,  Phillip  Smith,  Joseph  Card,  Steven 
Mumfurd,  John  Salmon,  James  Clarke,  Zachary  Gant, 
and  James  Brown,  all  of  Newport,  are  admitted  Ifreemen 
of  this  Collony. 

Att  the  Generall  Court  of  Election  held  at  Newport,  May 
the  3d,  1671,  [there]  teas  elected  in  the  Generall  Assem- 
bly, consistinge  of  the  aforenamed  persons  then  sittinge. 

Mr.  Benedict  Arnold,  Governor,  engaged. 
Mr.  John  Clarke,  Deputye  Governor,  engaged. 
Capt'n  John  Cranston,  Assistant,  engaged. 
Mr.  John  Coggeshall,  Assistant,  engaged. 
Mr.  James  Barker,  Assistant,  engaged. 
Mr.  William  Carpenter,  Assistant,  engaged. 
Mr.  Thomas  Olney,  Assistant,  who  refusinge,  was  elect- 
ed (by  the  Assembly)  Mr.  Thomas  Harris,  Ass't,  engaged. 
Mr.  Roger  Williams,  Assistant,  engaged. 
Mr.  William  Baulston,  Assistant,  engaged. 
Leivt.  John  Albro,  Assistant,  engaged. 
Capt.  John  Greene,  Assistant,  engaged. 
Mr.  Benjamin  Smith,  Assistant,  engaged. 
John  Sanford,  Generall  Recorder,  engaged. 


ASD  PROYIDECCE  PLA^ATIOXS. 


375 


Mr.  James  Rogers,  Gen'll  Sergant,  engaged.  1671. 
Mr.  John  Coggeshall,  Gen'll  Treasurer,  engaged.  >«*"v* 
Mr.  Richard  Baily,  Gen'll  Aturney,  who  refusinge,  was 
elected  (by  the  Assembly)  Lt.  Joseph  Torrey,  Aturneye. 
Mr.  William  Harris,  Generall  Solicitor. 

Whereas.  Mr.  John  Crandall,  of  the  towne  of  Wester- 
lye,  hath  been,  as  is  asserted,  apprehended,  and  now  is  in 
durance,  by  the  Collony  of  Connecticut,  and  for  no  other 
cause  than  for  endeavoring  to  maintain  the  authority  of  his 
Majestye  granted  to  this  Collony  ;  and  having  by  Mr.  To- 
bias Saunders  desired  the  advice  of  the  Governour  and 
others  in  this  Collony,  whether  to  give  in  bond  to  the 
authority  of  Connecticut  or  to  abide  imprisonment.  This 
Assembly  doe  advise  the  said  Mr.  John  Crandall,  that  in 
any  matter  relating  to  his  actings  for  the  maintaining 
his  Majestyes  authority  in  this  Collony,  he  give  no  bond. 
And  also  the  Assembly  do  promise,  that  if  he  be  forced  to 
imprisonment  for  the  premises,  this  Collony  will  bear  his 
charges  thereby,  and  endeavor  to  justify  his  actings 
therein. 

The  Assembly  adjourned  vntill  tomorrow  morning,  the 
4th  instant,  eight  of  the  clock. 

May  the  4th.    The  Assembly  called,  and  sat. 

Ordered,  that  the  letter  that  the  Moderator  hath  drawne 
up  and  read,  be  sent  to  Mr.  William  Baulston,  to  pray  and 
require  him  to  come  and  take  his  engagement  to  the  place 
of  Assistant,  to  which  he  is  elected  by  the  free  voate  of 
the  people. 

Mr.  Richard  Baily,  beinge  elected  by  the  ffiree  voate  of 
the  people  to  the  place  and  office  of  Generall  Aturney  ; 
and  beinge  called  to  take  his  engagement  to  that  place, 
bee  doth  refuse  to  take  his  engagement ;  whereupon  the 
Court  orders  that  another  be  chosen. 

Leivtennant  Joseph  Torrey  is  chosen  Generall  Aturney 
by  the  voate  of  the  Assembly. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1.  Ordered,  that  the  letter  drawne  and  read,  be  sent  td 
^Mr.  Thomas  Olney,  Jun'r,  and  Mr.  Benjamin  Smith,  to 
desire  and  require  them  to  come  with  all  possible  speed  to 
take  their  engagement  to  the  places  they  are  by  the  free 
voate  of  the  people  elected  vnto. 

Ordered,  that  Mr.  John  Sanford  doe  speedily  draw  out 
the  Aturneys  commission,  changinge  those  words  or  titles 
that  are  derogatory  to  his  Majesty e,  and  put  in  other 
words  that  may  be  suitable  in  such  a  case,  and  place  the 
charge  of  drawinge  it  to  the  Collonys  account. 

Ordered,  that  the  Governor,  Capt.  John  Greene,  and 
Mr.  Richard  Baily  be  desired  to  drawe  up  a  letter  to  the 
Generall  Assembly  of  Conecticot,  and  present  it  to  the 
Assembly,  to  be  confirmed. 

Ordered,  that  what  is  drawne  up  and  presented  by  the 
Recorder  for  a  commission  to  the  Generall  Aturney  is  ap- 
proved of  in  Court. 

A  Committee  chosen  to  consider  of  Mr.  John  Crandalls 
motion  as  with  respect  to  afoarding  them  at  Westerly 
some  helpe.  The  persons  appointed  are  Capt'n  John 
Cranston,  Mr.  John  Coggeshall,  Mr.  Roger  Williams,  Mr. 
John  Easton,  Mr.  John  Albro,  Mr.  Caleb  Carr,  Mr. 
Richard  Carder  and  Mr.  John  Tripp. 

Ordered,  that  the  letter  Avhich  is  drawne  up  and  hath 
been  read  in  the  Assembly,  to  be  sent  to  the  Generall  As- 
sembly of  Conecticott  from  this  Generall  Assembly,  is  ap- 
proved of,  and  ordered  to  be  sent. 

Ordered,  that  the  Recorder  shall  signe  the  aforesaid 
letter,  a  copie  whereof  is  viz.  : 

Letter  from  Rhode  Island  to  Connecticut. 

Newport,  in  Rhode  Island,  May  6,  1671. 
Honored  Gentlemen  :  We  cannot  but  once  again  signify 
•unto  you  the  exceeding  troubles,  the  inhabitants  of  this 
Collony,  liveinge  at  the  towne  of  Westerlye,  on  the  east 
side  of  Paucatuck,  alias  Narragansett  river — daily  sustain, 
by  the  violent  and  furious  iruptions  and  assaults  of  their 


AND  PROVIDENCE  PLANTATIONS. 


neighbors,  of  Stonington,  who  say  they  are  impowered  by  1 
yourselves.  "We  cannot  but  resent  their  sad  condition,  ^ 
and  also  seek  to  remedy  the  same,  according  to  the  ut- 
most of  our  power ;  they  being  within  the  tract  of  land, 
by  his  Majesty e  granted  unto  us,  in  his  royall  Charter  ; 
and  which  your  agent  in  England  did  agree  to  be  within 
our  jurisdiction,  as  we  doubt  not  but  will  appear  to  your- 
selves, if  you  please  to  take  the  paines  to  reade  the  in- 
strument under  his  hand ;  and  although,  in  our  Governor's 
letter  to  you,  you  conceive  there  were  some  disunitinge 
expressions  arising  from  heat ;  we  have  read  and  seriously 
perused  that  letter,  and  finding  nothing  contained  therein 
but  just  proposals,  and  true  informations — tending  only  to 
promote  peace  and  unity  between  these  two  Collonyes, 
cannot  but  approve  of  the  same.  Neither  could  we  but 
judge  that  the  honored  Governor  Winthrop  was  wholly 
ignorant  of  these  proceedings  of  your  Commissioners  at 
Xarragansett,  which  did  so  directly  contradict,  what  in 
England,  in  the  presence  of  severall  worthy  persons,  he 
did  really  owne.  Neither  can  it  in  reason  be  inferred  or 
collected,  that  because  pertickeler  persons  about  Mr. 
Smith's  tradinge  house,  had  liberty  to  chuse,  to  which  Col- 
lony  they  would  belong,  that  therefore  the  bounds  abso- 
lutely determined  in  that  agreement  should  be  disannulled, 
which  we  did,  in  an  espesial  manner  insist  upon — so  it 
was  proposed,  not  in  that  letter  only,  but  in  many  others, 
whereof  you  were  never  pleased  to  signify  that  you  took 
the  least  notice,  and  to  which  agreement  we  shall  adhere, 
and  which  our  Commissioners  at  New  London  did  verbal- 
ly signify  they  would  subscribe  as  the  conclusion  of  the 
differances  between  these  two  Collonyes.  But  we  per- 
ceive you  do  not  only  desert  that  agreement,  but  have 
also  settled  your  resolutions,  unless  we  will  relinquish 
what  his  Majesty  hath  graciously  granted  unto  us,  which 
we  have  no  power  to  do,  you  will  treat  no  further. 

Gentlemen,  we  cannot  but  observe  that  in  your  last, 
while  you  carefully  sum  up  those  pertickelers  which  you 

vol.  ii.  48 


378 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1071.  conceive  includes  the  whole  purport  of  our  letter  of  Octo- 
-*^-*-,ber  15th  last,  you  pass  by  as  unregarded,  a  fourth,  which 
if  you  had  accepted,  we  doubt  not  but  by  this  time  our 
dilferances  might  have  been  determined,  and  that  is  our 
appealc  unto  his  sacred  Majestic,  who  as  he  hath  re- 
ferred the  determination  thereof  unto  himsclfe,  soe  his 
subjects  cannot  erect  a  greater  manifestation  of  their  sub- 
jection and  loyalty  than  by  submitting  them  selves  unto 
his  royall  judgment,  in  which  we  are  resolved  to  rest  sat- 
isfied, haveinge  good  grounds  to  hope  suddainly  to  re- 
ceive some  significations  of  his  royall  will  and  pleasure 
therein  ;  in  the  meane  time  Ave  are  determined  in  a  faith- 
full  discharge  of  the  trust  reposed  in  us  by  our  Soveraignc 
Lord,  the  King  ;  and  in  obedience  to  his  commands  to  vse 
our  uttermost  indeavours  for  the  defence  of  all  his  Majes- 
ties subjects  committed  to  our  care.  Wee  shall  add  no 
more  at  present,  but  remaine, 

Your  affectionate  ffriends  and  neighbours,  the 
Generall  Assembly  of  his  Majesties  Collony 
off  Rhode  Island  and  Providence  Planta- 
tions, &c.    Signed  by  their  order,* 

JOHN  SANFORD,  Recorder. 
To  the  Honored,  the  Generall  Assembly  of 
his  Majesties  Collony  of  Connecticut^ 
sitting  at  Hartford,  these  present. 


*  Letter  from  Connecticut  to  Rhode  Island,  in  reply  to  the 

foregoing. 

Hartford,  May  LI,  1671. 
Honored  Gentlemen:  We  received  yours  of  May  the  Cth,  1671,  by  Mis 
Crandall,  and  npon  pernsall  thereof, doe  not  know  of  any  reall  cause  for  those 
complaints  therein  mentioned.  We  were  necessitated  upon  the  often  reall 
complaints  and  cryes  of  the  people  there,  so  much  wronged  and  unjustly  mo- 
lested by  Buch  a-  pretended  to  your  authority,  at  length  to  endeauour  [to  ob- 
tain] their  just  relief.  Not  finding  our  COmpIaynts  to  you  of  such  injurious 
dealings  and  our  loueing  perswasions  of  desisting  such  practices  any  way  prc- 
nalent  to  obtayne  your  forbearance,  wc  were  certainly  obliged,  by  his  Majes- 
ties Commissioners  in  his  gracious  letters  pattents,  to  take  care  for  remedying 
those  Qusnfft table  grievances ;  of  which  his  Majesties  subjects  in  those  parts 


and  providence  plantations. 


Ordered,  that  Mr.  John  Crandall  shall  have  twenty  1G71. 
shillings  in  money,  to  beare  his  charge  to  Connecticut^ 

This  Assembly  having  taken  into  consideration  the™-™™ 
many  evill  consequences  that  have  and  may  yet  issue  byJJJ^JJ 


Rates  that 
de 
Octo- 
Assem- 
not 
payd,  how 
1o  be  mr.de 
and  brought 
in. 


haue  greatly  complayned,  and  according  to  that  power  onely  we  bane  acted, 
and  to  that  we  must  adheare  ;  and  it  is  impossible  for  us  to  be  guided  by  any 
surer  rale  than  his  Majesties  command  and  commission  therein,  being  so  posi- 
tive, firme,  full  and  clearly  declared  by  unquestionable  limits  and  bounds  ;  and 
we  haue  certainly  the  priority  ot'  all  other  grauts,  whereby  you  know  as  well 
as  ourselues,  and  that  we  will  ccrtaynly  assert  our  just  title  and  interest :  and 
we  cannot  but  wonder  at  your  persistance  in  giuciug  such  disturbance  to  the 
gouerument  orderly  settled,  and  in  inciting  and  abetting  the  people  to  resist  and 
oppose  lawfull  authority  ;  and  contiuueing  to  detaine  those  proprieties  from 
the  true  owners  and  proprietors  thereof,  contrary  to  all  equity  and  reason  : 
and  the  very  essentialls  of  that  agreement  which  "you  now  mention,  to  which 
your  agent  subscribed,  which  you  haue  hitherto  fully  disavowed  by  invading 
those  proprieties  (so  purposely  prouided  for  in  that  writeing  within  those 
limits)  beyound  which  we  haue  [not]  exerted  any  power  :  and  by  your  exert- 
ing gouernnient  ouer  those  people  and  places,  expressly  excepted  by  that  write- 
ing, who  had  declared  their  desires  to  be  with  Connecticut. 

Gentlemen,  we  know  not  what  you  mean  by  that  expression  of  what  your 
Commissioners  did  verbally  signefy  at  New  London,  when  they  did  there  so 
fully  and  ofteu  declare,  that  nothing  should  be  heeded  or  valued  which  passed 
in  discourse,  but  onely  what  passed  in  writeing  between  them  concerning  what 
you  write  your  appeale,  we  saw  cleerly  that  you  had  really  taken  off  to  our 
apprehensions  all  your  intentions  of  such  a  matter,  by  your  exerting  authority 
in  those  partes  of  the  Pequit  and  Xarragansett  [countries]  since  you  gave  in- 
timations. But  how  it  can  stand  together  we  cannot  understand,  and  doe  not 
see  particularly  that  you  doe  practically  disavow  that  agreement  in  England, 
between  our  Gouernor  and  Mr.  Clarke,  your  agent,  in  that  you  doe  violently 
detaine  the  proprieties  of  persons  from  the  right  proprietors,  which  was  so 
fully  and  principally  provided  for  in  that  agreement.  Seuerall  treaties  haue 
beene  propounded,  but  you  haue  fayled  us  therein,  and  particularly  what  was 
represented  from  our  Court  in  October  last.  And  we  haue  now  agayne  a  mo- 
tion in  that  kind  from  Mr.  Clarke,  your  Deputy  Gouernor,  in  his  letter  to  our 
Gouernor.  which  we  should  be  willing  to  assent  unto,  in  either  of  the  waves 
mentioned  in  his  sayd  letter.  But  yet  if  any  thing  further  be  remayning  with 
us  double  for  a  neighbourly  composure  rationally  to  hope  for  a  good  effect 
from  it,  we  should  not  be  backward  to  follow  peace  with  all  men,  and  haue 
therefore  agayn  chosen  Commissioners  impowered  to  attend  (upon  a  moneths 
notice)  when  you  shall  make  your  desires  to  meet  them  at  New  London  or 
Hartford,  to  and  for  the  end  of  a  finall  issue  of  the  matter  iu  controuersy. 
We  mean  (while  in  duty  to  his  Majestie,  our  Soveraigne  Lord,  and  his  sub- 
jects under  our  gouerument)  our  gouernment  shall  go  on  to  uphold  peace  and 
righteousness  amongst  the  people,  according  to  the  declared  pleasure  of  his 
Majestie  in  our  Charter. 


380 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 


1071.  reason  that  certaine  townes  and  plantations  in  this  Collony 
— have  not  as  yett  paid  the  severall  rates  that  have  been  by 
order  of  the  Generall  Assemblye,  held  in  1GG4  and  1G70, 
or  some  part  of  them  respectively,  and  in  pertickuler. 
The  townes  of  Providence  and  Warwicke  have  not  made 
any  levie  or  assessment  upon  the  inhabitants  of  the  said 
townes  as  to  what  each  pcrticknlar  inhabitant  is  to  pay  to 
the  ,€300  rate  levied  in  the  Collony  by  the  Generall  As- 
semblye that  satt  at  Warwicke,  in  June,  1G70,  and  at 
Newport  in  October  ffollowinge.  And  it  appearcinge 
alsoe  that  the  plantations  of  Pettascomscutt  and  Block 
Island,  have  not  taken  any  care  to  levie  either  of  the  said 
rates  upon  the  inhabitants  of  those  respective  places,  ffor 
prcA^entinge  the  dangers  and  inconveniencyes  that  may  in- 
sue  by  reason  of  the  severall  neglects  above  mentioned. 

Bee  it  enacted  and  it  is  heerby  enacted  and  ordered  by 
this  present  Assembly  and  the  authority  thereof,  that  the 
said  townes  of  Providence  and  Warwicke,  shall  each  of 
them  forthwith  choose  some  convenient  number  of  ffitt 
persons  who  shall,  before  the  sixth  day  of  June  next,  levie 
and  assess  upon  the  said  townes  inhabitants  of  the  towne 
of  which  they  are  respectively  chosen,  the  sums  expressed 
in  the  £300  rate  aforesaid,  which*  said  assessment  they 
shall  returne  under  their  hands  or  under  the  hands  of  such 
number  of  them  as  shall  be  thereto  appointed,  to  the  Gen- 
erall Treasurer  at  or  before  the  said  sixth  of  June,  which 
said  sums  soe  assessed  on  such  pertickular  person  shall  be 
by  him  and  them  payd  in  specie  according  to  the  act  made 
by  the  Generall  Assembly  in  October  last ;  and  in  case 


Gentlemen,  we  shall  give  you  no  farther  trouble,  but  remayne,  Honour*] 
Sirs,  your  loueing  neighbours  and  friends,  the  Generall  Assembly  of  his  Maj- 
esties Colony  of  G'oneetieutt,  according  to  the  declared  pleasure  of  his  Majestie 
in  our  Charter'.    Signed  per  order  per  me,     JOHN  ALLYN,  Secretary. 
These  for  the  Honored  Benedict  Arnold,  Esq.,  Gouernor 
of  his  Majesties  Colony  of  Khode  Island  and  Providence 
Plantations,  to  be  communicated  to  the  Hououred  Gen- 
erall Court  there.    P.  A. 


AND  PROVIDENCE  PLANTATIONS. 


381 


the  persons  chosen  by  the  said  townes  or  either  of  them  1671. 
respectively  shall  neglect  or  refuse  before  the  10th  of  July  v-*^v-*fc 
next,  to  levie  and  assess  the  said  rates  on  the  said  townes 
for  which  they  are  chosen,  vpon  the  information  by  the 
Generall  Treasurer,  and  that  the  persons  soe  appointed 
have  not  returned  a  coppie  of  the  levie  unto  him  under 
their  hands  accordinge  to  the  time  and  manner  afore  or- 
dained ;  then  the  Governor  and  two  Assistants  shall 
upon  such  information  made,  issue  a  warrant  vnder  theire 
hands  to  the  Generall  Serjeant  or  any  other  person  they 
shall  think  fitt,  to  distraine  the  sums  levied  on  the  respec- 
tive townes  on  the  estates  of  the  persons  soe  neglectinge 
or  refusinge. 

And  bee  it  further  enacted  and  ordained  by  this  present 
Assembly  and  the  authority  thereof,  that  in  case  the  said 
townes  or  either  of  them,  shall  refuse  or  neglect  to  choose 
men  to  make  and  levie  the  said  rates  in  manner  and  forme 
as  is  above  exprest,  that  then  this  Assembly  doe  hereby 
appoint,  authorize  and  impower  the  persons  hereafter  men- 
tioned, to  make  the  said  assessment  on  the  inhabitants  of 
the  townes  for  which  they  are  respectively  chosen  :  that  is 
to  say,  Mr.  William  Carpenter,  Mr.  Roger  Williams,  Mr. 
Thomas  Olney,  Sen'r,  Mr.  Thomas  Olney,  Jun'r,  Capt'n 
Arthur  Fenner,  Mr.  Thos.  Feild,  and  John  Whipple,  Jr,  or 
any  fower  or  more  of  them  for  the  towne  of  Providence. 
And  Capt.  Randall  Holdon,  Mr.  James  Greene,  Mr.  Ed- 
mund Calverly,  Amos  Westcot,  and  John  Potter,  or  any 
three  or  more  of  them,  for  the  towne  of  Warwick  ;  which 
said  persons  soe  chosen  and  authorised  by  this  present  As- 
sembly, shall  returne  the  levie  or  assessment  by  them 
made,  on  the  severall  inhabitants  of  the  said  townes  tow- 
ards the  said  rate  of  £300,  vnder  their  hands,  or  vnder 
the  hands  of  such  number  of  them  as  are  here  appointed, 
vnto  the  Generall  Treasurer  at  or  before  the  30th  day  of 
June  next.  And  in  case  the  persons  soe  impowered  and 
authorized  by  this  present  Assembly,  shall  neglect  or  re- 
fuse to  levie  the  said  rates  on  the  townes  for  which  they 


3S2 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G71.  arc  respectively  chosen,  and  returnc  the  same  in  manner 
->~v^-'and  forme  as  is  above  expressed  vnto  the  General!  Treas- 
urer, that  then  vpon  complaint  thereof  made  by  him,  the 
Governor  and  any  two  Assistants  shall  have  full  power  and 
authority  to  issue  out  warrants  vndcr  their  hands  to  the 
Gcn'll  Serjeant,  or  any  other  person  they  shall  thinke  fitt 
to  distraine  the  sums  levied  on  the  said  townes  respec- 
tively, on  the  estates  of  the  persons  soe  neglectinge  or  re- 
fusinge. 

And  bee  it  further  enacted  and  ordained  by  this  present 
Assembly  and  the  authority  thereof, -that  for  the  bringing 
in  of  the  rates  levied  on  Pettacomscutt  and  Block  Island, 
in  the  yeares  16C4  and  1G70,  that  the  persons  appointed 
and  impowcred  by  the  act  of  the  Generall  Assembly  in 
October  last,  for  each  the  respective  places  last  mentioned, 
or  such  number  of  them  as  by  the  said  act  is  appointed, 
shall  and  are  hereby  impowcred  and  authorized  to  make 
a  rate  for  each  the  said  respective  places  for  the  levieinge 
of  the  sums  assessed  on  them  towards  the  said  rates  ; 
which  said  assessments  by  them  made,  they  shall  returne 
vndcr  their  hands  to  the  Generall  Treasurer  at  or  before 
the  30th  day  of  June  next,  which  if  they  shall  refuse 
or  neglect  to  doe,  that  then  vpon  complaint  thereof  made 
by  the  Generall  Treasurer,  it  shall  be  in  the  power  of  the 
Governor  and  any  two  Assistants  to  issue  out  warrant  to 
distraine  the  said  sums  levied  on  the  said  respective 
places,  on  the  estates  of  the  persons  soe  neglectinge  or  re- 
fusinge. 

And  bee  it  ffurther  enacted  arid  ordained  by  this  present 
Assembly  and  the  authority  thereof,  that  if  any  towne  or 
place  shall  not  be  able  to  pay  in  their  rates  according  to 
the  species  and  time  above  in  this  act  ordained,  then  if 
they  cann  procure  some  sufficient  person  or  personsto  be- 
come ingaged  that  the  sum  assessed  on  such  towne  or  place 
shall  be  paid  in  to  the  Generall  Treasurer,  at  or  before 
the  10th  of  November  next,  in  specie  as  afore  provided,  then 
such  towne  or  place  that  shall  procure  such  surety  or  sure- 


AND  PROVIDENCE  PLANTATIONS. 


383 


lyes,  shall  not  be  distrained  upon  for  the  neglect  of  1671. 
pavinge  the  sum  or  sums  on  such  towne  or  place  levied 
according  to  the  former  order.  And  whereas,  Capt'n 
John  Greene,  Assistant,  hath  informed  this  Assembly  that 
the  towne  of  Warwieke  have  made  a  rate  for  levieinge  the 
sum  of  eighty  pounds,  being  their  part  of  the  £600  rate 
made  in  the  yeare  1664,  on  the  pertickular  inhabitants 
of  that  towne. 

Bee  it  ffurther  enacted  and  ordained  by  this  Generall 
Assembly  and  the  authority  thereof,  that  a  copie  of  that 
rate  shall  be  returned  to  the  Generall  Treasurer  at  or  be- 
fore the  said  sixth  of  June  ;  which  if  the  said  towne  shall 
refuse  or  neglect,  then  in  such  case  of  neglect  or  refusall, 
the  persons  impowered  by  thi3  present  act  to  levie  and 
assess  on  the  said  towne,  their  share  of  the  £300  rate 
aforesaid,  are  hereby  impowered  and  required  to  make  an 
assessment  on  every  pertickular  person  of  the  said  towne 
of  Warwick  for  the  paying  of  the  said  sum  of  eighty 
pounds,  vnder  the  same  pennalty  for  their  neglect  or  re- 
fusall as  is  provided  in  case  they  refuse  or  neglect  to 
make  the  assessment  fifor  the  said  rate  of  £300.  And 
lastly,  it  is  hereby  enacted  and  ordained  by  this  present 
Assembly  and  the  authority  thereof,  that  a  coppy  of  this 
act  shall  forthwith  by  the  Generall  Recorder  be  sent  to 
each  respective  towne  and  place  therein  mentioned  and 
concerned,  under  the  seale  of  the  Collony. 

Whereas  there  is  a  very  great  necessity  for  providinge 
of  some  speedy  remedy  for  setting  of  the  affaires  of  this 
Collony  in  the  Xarragansett  country,  and  more  espe- 
cially at  the  towne  of  Westerlie  (which  as  it  appeares  by 
its  address  to  this  Court),  is  very  much  oppressed  by  the 
injurious  and  illegall  actings  of  some  inhabitants  of  Con- 
necticut Collony. 

Bee  it  therefore  ordained  by  this  present  Assembly 
and  the  authority  thereof  (in  which  hath  been  the  full  and 
joynt  advice  and  concurrance  of  the  severall  Deputies  of 
each  respective  towne),  that  there  be  a  Court  of  justices 


384  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1071.  of  the  Peace,  consistinge  of  the  Governor  or  Deputy 
v***-^*  Governor  and  six  Assistants  at  least,  to  be  held  at  Wes- 
terly, Pettaeonascutt,  and  at  Cocamscussett,  ami  Aquid- 
nesett ;  or  else  where,  as  they  shall  see  cause  on  the 
sevcrall  daies  and  times  hereafter  cxprest,  in  which  said 
Court  the  said  Magistrates  shall  proceed  to  inquire  into 
the  present  state  of  those  parts,  and  apply  such  suitable 
remcdys  as  to  them  shall  seem  most  convenient  for  set- 
linge  the  inhabitants  there  in  peace  and  quietness. 

And  it  is  hereby  (farther  enacted  by  the  authority 
aforesaid,  that  if  winde  and  weather  pcrmitt,  the  said  Court 
shall  be  first  held  at  Westerly  aforesaid,  at  or  upon  Tues- 
day, beinge  the  lGth  of  this  instant  May  ;  and  at  the 
other  places  at  such  time  or  times  as  unto  them  shall 
seeme  most  convenient  ffor  doeing  and  performeing. 
Whereof  the  said  persons  are  hereby  invested  with  the 
full  power  of  this  Assembly  to  doe  any  act  or  acts  which 
they  shall  judge  most  convenient  to  be  done  or  executed. 
And  for  the  better  carryinge  on  and  attendance  on  the 
said  Court,  it  is  hereby  ordered,  that  the  severall  officers 
hereafter  named,  shall  accompany  the  said  Court,  which 
officers  soe  ordered  to  stand,  are  Richard  Baily,  Secre- 
tary, Lieut.  Joseph  Torrey,  Generall  Aturney,  and  James 
Rogers,  Generall  Serjeant. 

And  it  is  alsoe  enacted  by  this  present  Assembly  and 
the  authority  thereof,  that  Mr.  John  Clarke,  Deputy  Govt 
ernor,  Capt'n  John  Cranston,  Assistant,  Mr.  John  Cog- 
geshall,  Mr.  James  Barker,  Mr.  William  Carpenter,  Mr. 
Roger  Williams,  Lieut.  John  Albro,  and  Capt'n  John 
Greene,  Assistants,  or  any  seven  of  them,  of  which  the  said 
Deputy  Governor  alwaies  to  be,  and  are  the  persons  ap- 
pointed, impowered,  and  fully  authorized  to  hould  the  said 
Courts,  for  doeinge  whereof  this  actor  a  transcript  thereof, 
vnder  the  seale  of  the  Collony  shall  be  their  sufficient  war- 
rant and  discharge. 

Whereas,  there  was  an  order  made  in  October  last,  that 
the  Generall  Treasurer  should  have  twelve  pence  on  the 


A>~D  PROVED EXCE  PLANTATION'S. 


pound  for  all  that  came  in  to  him  in  provisions  and  noth-  ] 
ing  for  money  nor  for  fines,  kc.  ;  and  the  Generall  Treas- 
urer  haveing  declared  that  it  is  too  heavie  a  burden  for 
him  to  beare  on  such  tearmes,  haveing  noe  better  satis- 
faction, kc.  The  Assembly  consideringe  the  grounds 
alledged  by  Mr.  John  Coggeshall,  Generall  Treasurer, 
elect,  why  hee  cannot  ffreely  accept  of  his  place,  doe 
therefore  order  and  declare,  that  for  all  that  the  Treasurer 
hath  received  the  last  yeare,  or  shall  receive  in  the  insue- 
inge  yeare,  he  shall  have  twelve  pence  on  the  pound  for 
all  he  receives,  as  well  money  as  other  pay.  And  this  act 
to  be  in  full  force,  any  former  order  to  the  contrary  not- 
withstanding. 

Whereas,  Mr.  Thomas  Olney,  Jun'r,  was  sent  unto 
to  come  to  give  his  engagement  to  that  place  and  office 
that  by  the  firee  voate  of  the  freemen  he  was  elected  vnto 
in  the  day  of  election  ;  and  he  haveinge  received  the  same 
and  returned  his  answer,  the  Court  doe  declare  their 
sence  of  it  that  it  is  an  absolute  refusall  to  accept  thereof ; 
the  Assembly  therefore  ordered,  to  proceed  to  electing  an 
Assistant  in  the  place  of  Mr.  Thomas  Olney,  Jun'r. 

Mr.  Thomas  Harris,  Sen'r,  is  chosen  Assistant  by  the 
Assembly  in  the  place  of  Mr.  Thomas  Olney,  Jun'r. 

Whereas,  Ensigne  John  Bliss  was  fined  by  the  Court  of 
Tryalls  held  in  October  last  twenty  shillings  for  not  at- 
tending the  Court  as  a  jury  man  ;  and  he  haveinge  given 
grounds  why  he  could  not  with  any  conveniency  come,  be- 
cause his  wife  was  neere  her  time  of  being  delivered  of  a 
childe,  kc,  the  Court  doe  see  cause  to  remitt  the  said 
ffine. 

Ordered,  that  the  Assembly  is  adjourned  vntill  the 
seventh  of  June  next,  or  sooner  if  urgent  occasion  doe 
require. 

vol.  n.  49 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Acts,  Orders  and  Proceedings  of  the  Generall  Councill  of 
His  Majesties  Colony  of  Rhode  Island  and  Providence 
Plantations,  &c.    Anno  Domini,  1071. 

Mr.  Benedict,  Arnold,  Governor. 
Mr.  John  Clarke,  Deputye  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Thomas  Harris, 

Mr.  John  Coggeshall,  Mr.  William  Baulston, 

Mr.  James  Barker,  Left.  John  Albro, 

Mr.  William  Carpenter,       Capt.  John  Greene. 
Mr.  Roger  Williams,  Mr.  Benjamin  Smith. 

Richard  Baily,  Secretary,  engaged. 

Acts,  Orders  and  Proceedings  of  His  Majesties  Court  of 
Justices  sitting  att  Westerly,  in  His  Majesties  Colony  of 
Rhode  Island  and  Providence  Plantations,  Sfc,  May 
10,  1671. 

Mr.  John  Clarke,  Deputy  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Roger  Williams, 

Mr.  John  Coggeshall,  Lieut.  John  Albro, 

Mr.  James  Barker,  Capt.  John  Greene. 

Mr.  William  Carpenter,  . 

Richard  Baily,  Secretary. 

Lieut.  Joseph  Torrey,  Gen'll  Atturney. 

Mr.  James  Rogers,  Gen'll  Serjeant. 

The  Commission  from  the  Generall  Assembly  for  hold- 
ing this  Court,  was  read. 

Ordered,  that  warrant  bee  issued  out  by  the  Secretary 
to  the  Constables  of  Westerly,  to  require  them  in  his  Maj- 
esties name  to  warne  the  inhabitants  to  appeare  at  the 


AND  PROVIDENCE  PLANTATIONS. 


387 


house  of  Mr.  Tobiah  Sanders,  in  this  towne,  to  morrow  1671. 
morning,  at  eight  of  the  clock,  at  the  furthest.  v^-v-**. 
The  Court  adjourned  till  to  morrow  morning. 

Westerly,  May  17th,  1671. 

Whereas,  there  was  a  warrant  issued  out  to  the  Consta- 
ble of  Westerly,  James  Badcock,  to  warne  in  the  inhabit- 
ants of  the  said  towne,  which  hee  refuseing  to  doe,  as  by 
the  information  of  John  Randall  doth  appeare  to  this 
Court,  it  is  therefore  ordered,  that  Henry  Palmer,  Gen'll 
Constable,  shall  bring  the  said  James  Badcocke  before  this 
Court,  forthwith,  and  for  executing  thereof,  to  take  such 
aid  as  he  shall  thinke  meete. 

Ordered,  there  bee  a  warrant  issued  out  to  Suball 
Painter,  to  warne  in  the  inhabitants  of  Westerly,  to  attend 
forthwith  ;  they  haueing  not  been  warned,  by  reason  of 
the  said  neglect  of  James  Badcock,  Jun'i'j  the  Con- 
stable. 

The  inhabitants  of  the  towne  of  Westerly  being  assem- 
bled, there  was  publickly  read  in  Court  the  address  of  the 
said  towne  to  the  Generall  Assembly,  and  their  order 
thereupon  for  holding  this  Court ;  after  which  his  Majes- 
ties royall  Charter,  the  agreement  of  the  Agents,  the 
Honorable  Commissioners  orders,  and  his  Majesties  gra- 
cious letters  now  read. 

The  Court  adjourned  for  an  hour. 

Whereas,  some  persons  of  Connecticut  Collony  haue  in- 
terrupted the  Court,  ordered,  that  the  insueing  protest  bee 
signed  by  the  Secretary,  and  delivered  vnto  them. 

Protest. 

Whereas,  some  persons,  pretending  authority  from  the 
Colony  of  Connecticut,  haue  presumed  this  day  to  inter- 
rupt the  proceedings  of  this  Court,  and  to  make  a  protest 
against  the  authority  of  the  same,  which  act  of  theirs, 
though  it  bee  a  very  high  affront  to  the  liberties  granted 
to  this  his  Majesties  Colony  of  Rhode  Island  and  Provi- 


388 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 


1071.  dcnce  Plantations,  &c,  yet  for  preservation  of  his  Majes- 
-p"v"^/ ties  peace,  wee  are  willing  to  pass  it  by  as  an  act 
proceeding  only  from  some  vnruly  passions ;  but  doc 
hereby  declare,  that  if  any  person  shall  for  the  future  ex- 
ercise any  manner  of  authority  in  this  towne  of  Westerly 
on  the  east  side  of  Pawcatuck,  alias  Narragansct  river, 
except  such  as  are  legally  hnpowered  by  this  his  Majesties 
Colony  of  Rhode  Island  and* Providence  Plantations,  &c, 
wee.  shall  looke  at  it  as  a  violation  of  his  Majesties  gra- 
cious Charter  to  vs  granted,  and  shall  vse  our  outmost 
indeavor  to  secure  such  offenders,  that  soe  they  may  bee 
brought  to  a  legall  tryall. 

Signed  by  order  of  his  Majesties  Court  of 
Justices,  sitting  in  the  towne  of  Westerly 
aforesaid,  the  17th  day  of  May,  1671,  by 

RICHARD  BAILY,  Sec'ry. 

Vpon  consideration  of  a  petition  presented  by  the  towne 
of  Westerly,  itt  is  ordered  by  the  Court,  that  the  severall 
inhabitants  bee  called  on  to  see  how  they  stand  as  to  their 
fidelity  to  his  Majesties  and  this  Colony,  viz.:  John 
Crandall,  Tobiah  Sanders,  Joseph  Clarke,  Robert  Bur- 
dick,  John  Maxon,  John  Randall,  Job  Badcock,  James 
Badcock,  Jun'r,  Thomas  Painter,  Shuball  Painter,  Jeof- 
ferey  Champlin,  Sen'r,  John  Lewis,  Richard  Swaite, 
John  Mackoone,  Richard  Segar,  George  Lanpheare, 
Steven  Wilcox,  Jonathan  Armstrong,  Nicholas  Cotterill, 
Jun'r,  Daniell  Crumb,  John  fFairfield,  Edward  Larking ; 
all  which  persons  did  promise  to  stand  to  their  engage  • 
ment  to  his  Majestie,  and  this  Colony.  But  James  Bad- 
cock, Sen'r,  John  Badcock,  Jeoffrey  Champlin,  Jun'r, 
and  Augustine  Williams  being  called,  did  not  appeare. 

Shuball  Painter  admitted  a  freeman  of  the  Colony. 

The  Court  adjourned  till  to  morrow  morning,  six  of  the 
clock. 

Thursday,  May  lUh,  1671. 
Mr.  John  Crandall  and  Mr.  Tobiah  Sanders  were  de-  ■ 


AND  PROVIDENCE  PLANTATIONS. 


sired  to  signifie  if  they  had  any  thing  to  present  to  this  16 
Court  ;  and  they  intimateing  they  judged  it  might  bee  of  v-^~ 
good  consequence  to  leaue  something  in  writeing  for  the 
encouragement  of  the  inhabitants  of  this  towne  to  stand 
to  their  engagements  for  their  fidelity  to  his  Majestie  and 
this  Colony,  itt  is  ordered,  that  a  writeing  to  that  purpose 
bee  issued  out  by  the  Secretary,  ruder  his  hand. 

To  the  inhabitants  of  the  towne  of  Westerly,  in  his 
Majesties  Colony  of  Rhode  Island  and  Providence 
Plantations,  &c.$  and  every  one  of  them,  greeting  : 
Whereas,  wee  haue  from  you  and  every  one  of  you  re- 
ceived your  sincere  and  absolute  engagement  for  your  ffi- 
delity  and  allegiance  towards  our  Soveraigne  Lord,  the 
King,  and  your  faithfull  adherence  to  the  gouernment  of 
this  his  Majesties  Colony  of  Rhode  Island  and  Providence 
Plantations  here  established  by  the  King's  authority,  for 
the  better  performing  whereof  wee  doe  hereby  require 
you  and  every  one  of  you  in  his  Majesties  name  not  to 
yield  any  subjection  or  submission  to  any  officer  or  officers 
pretending  to  act  by  authority  from  the  Colony  of  Con- 
necticut, but  faithfully  adhere  to  the  officers  here  estab- 
lished by  this  his  Majesties  Colony,  viz.:  Mr.  John  Cran- 
dall  and  Mr.  Tobiah  Sanders,  Conservators  of  the  Peace. 
This,  if  you  carefully  performe,  as  it  will  be  the  best 
means  to  secure  your  selues  in  peace  and  safety,  soe  for 
your  future  encouragement  to  bee  true  to  your  said  en- 
gagement. Wee  doe  hereby  reingage  vnto  you  in  behalfe 
of  his  Majesties  Colony,  to  stand  by  you  and  assist  you  to 
the  vtmost  of  our  ability  in  the  discharge  of  your  said  duty 
to  which  you  are  soe  sollemnly  obliged. 

Signed  by  order  of  his  Majesties  Court  of 
Justices,  sitting  at  Westerly,  May  the 
18th,  1671,  by     RICHARD  BAILY,  Sec'ry. 

James  Badcock,  Sen'r,  and  John  Badcock,  who  yester- 
day did  not  attend,  did  this  morning  make  their  personall 


RECORDS  OP  THE  COLONY  OF  RHODE  ISLAND, 

1.  appearance,  and  did  promise  to  stand  faithfull  to  their 
"*>-'  former   engagements,  both   to   his   Majestie    and  this 
Colony. 

The  Court  adjourned  to  Pettaquomscutt. 

Pdtaquomscutt,  May  1 8/7/ ,  1G71. 

After  the  commission  was  read  ;  ordered,  that  a  warrant 
bee  issued  out  to  William  Ilefernan,  to  warne  in  the  in- 
habitants of  this  Plantation  to  attend  to  morrow  morning, 
at  six  of  the  clock,  at  the  house  of  Mr.  Jireh  Bull. 

The  Court  adjourned  till  to  morrow  morning,  six  o'clock. 

May  19th,  1671. 
The  inhabitants  being  present,  the  Court  was  called  ; 
after  which  the  commission  from  the  Generall  Assembly 
for  holding  this  Court,  his  Majesties  most  gracious  Char- 
ter and  letters  ;  as  also  the  Commissioners  orders  were 
publickly  read,  after  which  the  inhabitants,  viz  :  Mr. 
Jireh  Bull,  Mr.  Samuell  Wilson,  Mr.  John  Porter,  Tho. 
Mumford,  John  Tift,  William  Ilefernan,  Rouse  Holmes, 
James  Eldridge,  Samuell  Albro,  Ben.  Gardiner,  Henry 
Gardiner,  George  Gardiner,  Nicholas  Gardiner,  George 
Palmer,  Stephen  Northup,  Wm.  Aires,  George  Crofts, 
Enoch  Plaice,  and  Christopher  Holmes,  did  giue  their  en- 
gagements for  their  allegiance  to  his  Majestie,  and  fidelity 
to  this  Colony. 

The  inhabitants  being  ingaged,  were  ordered  to  choose 
a  Constable  for  their  Plantation,  and  accordingly  did 
choose  Robert  Crofts,  who  was  engaged. 

Mr.  William  Hefernan  was  chosen  and  engaged  to  the 
office  and  place  of  a  Conservator  of  the  Peace  in  jointe 
commission  with  Mr.  Samuell  Wilson  and  Mr.  Jireh  Bull. 

The  inhabitants  alsoe,  by  leaue  from  the  Court 
chose  Mr.  Jireh  Bull,  Leiftenant,  and  Mr.  Hefernan, 
Clerke. 

The  Court  adjourned  to  Mr.  Thomas  Gould's,  at 
Acquednesit. 


a>:  ?z:~3':z  :-i.,:t..:: : 


1671. 

Aeqednesitt,  ffriday,  May  19,  1671. 
The  Court  was  called,  and  the  commission  read.  The 
Court  adjourned  till  to  morrow  morning,  six  of  the  clock. 

May  20,  1671. 

The  inhabitants  being  present,  the  Court  was  called, 
after  which  the  commission  from  the  GeneraD  Assembly, 
for  holding  this  Court,  his  Majesties  Charter  to  this  Colo- 
ny, his  gracious  letters ;  and  also  the  CounciU's  orders, 
were  publickly  read. 

The  Court  adjourned  for  an  houre  and  halfe. 

The  persons  inhabiting  here,  being  called  to  giue  their 
engagement,  and  desireing  to  know  whither  or  noe  this 
Court  on  behalfe  of  the  Colony  doe  lay  any  claime  to  their 
possession,  which  they  now  inhabit;  which  persons  soe 
querieing,  were  Mr.  Samuell  Dyre,  Robert  Spinke,  Lieut. 
Robert  Westcott,  John  Greene,  George  Wightman,  Mr. 
Thomas  Gould,  Henry  Tibbitts,  Daniell  Gould,  James 
Remolds,  Samuell  Waite,  John  Briggs,  John  Andrew, 
Thomas  Waterman ;  to  which  demand,  this  present 
Court  doe  returne  manimously  their  answer,  that  on  be- 
halfe of  the  Colony,  this  Court  doe  not  lay  any  claime  to 
their  possessions,  which  they  now  inhabitt. 

These  are  the  persons  engaged  at  Acquednesitt,  by  the 
Court,  Mr.  Thomas  Gould,  Mr.  Samuell  Dyre,  Mr.  James 
Reynolds,  John  Sweett,  Sen'r,  John  Andrew,  Henry  Tib- 
bitts, Samuell  Waite,  William  Downeing,  Henry  Greene, 
John  Pratt,  John  Briggs,  John  Greene,  George  Browne, 
William  Helme,  Daniell  Greene,  George  Wightman, 
Robert  Westcott,  Robert  Spinke,  Samuell  Prat,  Lodo- 
wick  Updike,  Richard  Updike. 

These  persons  being  ingaged,  were  desired  to  nominate 
a  person  for  .to  be  the  Conservator  of  the  Peace,  in  join  to 
coinmission,  with  Mr.  Richard  Smith  and  Mr.  Samuell 
Dyre,  and  also  a  Constable  ;  whererpon  they  chose  Mr. 
Thomas  Gould  for  Conservator,  and  Mr.  James  Reynolds, 


392 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 


1071.  for  Constable,  which  said  persons  were  sollcmnly  engaged 
**~^*>'  to  the  faith  full  discharge  of  their  said  offices  and  places 
respectively. 

The  said  inhabitants  also  chose  Mr.  Thomas  Could,  for 
Leiutenant,  and  John  Briggs  for  Clcrke,  ;  which  said 
place  the  said  Mr.  Gould  did  accept. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, June  the  7th,  1GT1. 

John  Sanford  chosen  Clerk  of  the  Assembly. 
Whereas,  ffrancis  Uselton  was  by  the  last  Generall 
sentenced  to  Court  of  Tryalls  sentenced  to  depart  this  Island,  and  not 

be  wbipt. 

to  return  without  the  leave  of  two  Magistrates,  and  he  the 
said  "Uselton,  contrary  to  the  said  Court  of  Tryalls'  sen- 
tence, comeinge  into  the  towne  of  Newport,  and  publickly 
walkeinge  the  streetes  in  the  time  of  the  Assemblys  sit- 
tinge,  which  beinge  taken  notice  off,  and  he  sent  for  into 
the  Court,  to  answer  for  his  contempt,  instead  of  givinge 
the  Assembly  satisfaction  ;  he,  the  said  Uselton,  vpon 
orders  to  the  Court  to  depart,  as  he  was  goeinge  out  of 
the  Court  turned  back,*  and  did  publickly  in  the  Court 
jeerc  the  authority  in  a  scornefull  manner,  saying  to  the 
Governor,  "Your  honorable  wife,"  and  "I  thanke  your 
justice,"  with  many  other  scornefull,  contemptuous  carri- 
ages ;  ffor  which  misdemeanure  and  contempt,  the  Court 
doe  sentence  the  said  Uselton  to  be  forthwith  wbipt,  with 
fiftecne  stripes. 

And  alsoe  it  is  ordered,  that  the  said  ffrancis  Uselton 
depart'the  s^a^  forthwith  depart  this  Collony  ;  and  if  he  shall  come 
to  abide  in  any  towne  of  this  Collony  hereafter,  it  shall  be 
in  the  power  of  any  two  Magistrates  to  cause  the  said 
Uselton  to  be  sevearly  whipt  and  sent  away. 


AND  PROVIDENCE  PLANTATIONS. 


393 


Whereas,  William  Thomas,  prisoner  for  burglary,  was  1671. 
sentenced  to  death  by  the  last  Court  of  Tryalls,  and  he 

*  i  William 

haveinge  petitioned  this  Assembly  for  remittinge  the  said  ^maa3a^xe- 
sentence  ;  this  Assembly,  after  long  and  very  searious  de- pointed- 
bate  of  the  matter,  doe  not  see  cause  to  remitt  any  part 
of  the  said  Court  of  Tryalls'  sentence,  but  doe  order  that 
the  execution  of  the  said  Thomas  be  accordingly  performed 
betwixt  the  houres  of  one  and  fowre  of  the  clocke,  in  the 
afternoone,  on  the  said  day,  to  witt,  the  9th  day  of  this 
instant  June. 

It  is  ordered,  that  the  Generall  Recorder,  who  is  Gierke 
of  this  Assembly,  shall  draw  up  and  signe  the  warrant  for 
the  execution  of  William  Thomas. 

It  is  ordered,  that  Leivtenant  Joseph  Torrey  and  eight 
more,  be  a  guard  to  secure  the  prisoner,  William  Thomas, 
vntill  executed,  according  to  the  last  Court  of  Tryalls' 
sentence,  and  this  Assemblys  order;  and  to  that  end, 
the  said  Leivt.  Joseph  Torrey  hath  full  power  to  command 
eight  men  to  attend  that  service. 

Whereas,  there  are  two  Indians  now  imprisoned  upon  l^to  try 
criminall  charge,  this  Assembly  doe  order,  that  an  espe- Ind,an5- 
ciall  Court  doe  sitt  and  be  houlden  on  the  15th  day  of 
this  instant  June,  at  Newport,  to  bringe  the  said  Indians 
to  tryall,  which  said  Court  shall  consist  of  the  Governor 
and  Deputy  Governor,  or  either  of  them,  with  six  Assist- 
ants at  least.  And  it  is  ordered,  with  the  desire  and  con- 
sent  of  the  Magistrates  and  Deputies  of  Providence  and 
Warwicke,  present,  that  the  juriors  for  the  said  Court  of 
Tryalls  shall  be  nominated  and  appointed  by  this  present 
Assembly  to  be  men  of  Rhode  Island.  Therefore,  it  is 
ordered,  that  there  shall  be  warned  for  juriors  for  the 
said  Court,  ffowerteen  of  the  towne  of  Newport,  and  ten  of 
the  towne  of  Portsmouth  ;  out  of  which  number  the  said 
Court  shall  appoint  a  jurie. 

The  persons  nominated,  are  ffor  Newport,  Robert  Stan- 
ton, William  Hiscox,  Thomas  Nicolls,  Ensigne  John  Bliss, 
Henry  Bull,  Edward  Greenman,  John  Greene,  John  Peck- 

VQL,  II.  50 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G71.  ham,  Jun'r,  John  Spencer,  Serjeant  Clement  Weavour, 
William  Dyer,  John  Wood,  Edward  Smith,  James  Man, 
Richard  Tew,  Thomas  Dungin. 

For  Portsmouth,  Ralph  Earll,  Edward  flishcr,  ffrancis 
Brayton,  John  Strainge,  William  Wilbore,  Samucll  San- 
ford,  William  Correy,  George  Lawton,  Robert  Hazard, 
John  Pinner,  Latham  Clarke,  and  Henry  Brightman. 

It  is  alsoe  ordered,  that  the  Generall  Recorder,  the 
Generall  Serjeant  and  Jthe  Generall  Aturney  shall  be  at 
the  said  Court  in  the  offices  as  by  law  they  ought  to  be, 
at  any  of  the  Courts  of  Tryalls. 

It  is  ordered,  that  the  Clerke  of  this  Assembly  shall 
give  forth  speedy  notice  to  the  Serjeants  of  the  townes  of 
Newport  and  Portsmouth,  to  summons  in  the  aforesaid 
persons  by  this  Assembly  nominated  to  attend  the  said 
speciall  Court  as  jurors  on  the  day  afore  appointed,  at 
eight  of  the  clock  in  the  morninge,  upon  their  perrill. 

It  is  ordered,  that  Leivt.  Joseph  Torrey  is  authorized 
to  procure  three  or  seven  men,  who  shall  guard  the 
prison,  to  secure  the  prisoners. 

Whereas,  William  Newman,  a  person  who  never  had 
Juwman.  permission  to  abide  in  this  Collony,  &c,  hath  by  the  As- 
semblys  and  Generall  Courts  of  Tryalls  in  this  Collony, 
been  warned  to  depart  this  Collony,  and  alsoe  by  the 
townes  of  Portsmouth  and  Newport,  warned  to  remove  him-  , 
selfe  from  the#  said  townes ;  and  he  the  said  Newman  still 
remaininge  in  the  towne  of  Portsmouth,  against  the  mindes 
and  approbation  of  the  said  towne  of  Portsmouth  ;  this 
Court  doe  order,  that  the  said  Newman,  with  his  wife, 
shall  before  or  on  the  17th  day  of  this  instant  June,  de- 
parte  this  Island  and  Collony,  exceptinge  only  the  towne 
of  Westerlye,  where  he,  the  said  Newman,  pretends  he 
hath  lands ;  and  not  to  returne  unto  other  townes  or  place 
in  this  Collony  without  the  leave  and  consent  of  the  Mag- 
istrates. And  to  the  towne  of  Portsmouth,  he  shall  not 
returne  without  the  leave  and  consent  of  the  Councill  of 
the  towne  of  Portsmouth.    And  if  he,  the  said  Newman, 


AND  PROVIDENCE  PLANTATIONS. 


shall  be  found  trangressinge  herein,  it  shall  be  in  the  1671. 
power  of  any  Magistrate  to  cause  the  said  Xewman  to  be 
sevearly  whipi  with  fifteene  stripes,  and  sent  out  of  the 
towne.  And  it  is  ordered,  that  the  said  "William  Xew- 
man shall  depart  the  towne  of  Newport  this  day  ;  and 
if  he,  the  said  Xewman,  shall  be  found  in  the  towne  of 
Xewport  after  this  present  10th  of  June,  the  afore  men- 
tioned pennalty  shall  be  putt  in  execution  ;  and  soe  as  he 
shall  be  found  transgressinge  this  present  act  in  any  of  the 
respective  townes,  the  aforesaid  pennalty  to  be  duly  exe- 
cuted from  time  to  time. 

Whereas,  the  Generall  Treasurer,  Mr.  John  Coggeshall, 
hath  paid  and  allowed  the  prisoners  ffrancis  Uselton  and 
William  Thomas,  late  in  goale,  the  sum  of  three  pence  a 
piece  each  day  of  their  imprisonment  towards  their  main- 
tainance  ;  the  Assembly  doe  order  that  the  said  disburse- 
ments by  the  Treasurer  shall  be  paid,  and  bourne  by  the 
Collony.  And  that  for  the  future  all  prisoners  committed 
for  crime,  shall  by  the  Collony  be  allowed  the  sum  of 
three  pence  a  day  duringe  the  time  of  imprisonment,  if 
demanded  towards  their  maintainance  ;  and  this  order  to 
be  of  fforce  untill  the  Generall  Assembly  of  this  Collony 
see"  cause  to  alter  it. 

It  is  ordered,  that  the  Treasurer's  bill  for  twentv  nme^GoTer*- 

•  J  er'a  bill 

shillings  and  nine  pence,  due  to  the  Governor  for  pro-alowed" 
visiones  to  those  lately  sent  to  Xarragansett,  and  for  other 
disbursements  by  the  Governor  on  publicke  occasions,  is 
by  this  Assembly  accepted,  and  ordered  to  be  paid  and 
borne  by  the  Collony  out  of  the  Generall  Treasury. 

"Whereas,  John  Whipple,  Sen'r,  beinge  by  the  towne  of™^™*- 
Providence  chosen  a  jurry  man  to  serve  at  the  last  Courtfineremitted 
of  Tryalls  in  October,  and  he  alledginge,  and  it  appeal- 
ing to  this  Assembly  that  he  indeavoured  to  attend  that 
service,  and  was  prevented  by  wind  and  weather,  his  fine 
is  remitted. 

John  Whipple,  Jun'r,  and  Andrew  Harris,  both  of  the^wppie 

.  .  -     .  an<*  Harris 

towne  of  Providence,  beinge  chosen  jurry  man  to  serve  at^d5^- 


39G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  the  General]  Court  of  Tryalls,  held  in  October  last,  and 
>-^-v~^  fined  by  that  Court  for  not  attendinge  that  service,  they 
haveinge  petitioned  this  Assembly  to  remitt  their  fines, 
on  the  debate  of  the  matter,  the  Assembly  doe  not  see 
cause  lawfully  to  answer  their  desires,  in  remitting  their 
flines.  But  doe  declare,  that  if  it  doe  truely  appeare  that 
they,  the  sayd  Whipple  and  Harris,  were  contrary  to 
law  chosen  to  that  service  of  jury  men,  the  towne  of 
Providence,  ought  and  shall  bears  the  said  fines  ;  but  in 
the  meane  time,  they  the  said  Whipple  and  Harris,  are 
lyable  to  pay  their  aforesaid  flines. 

Mr.  Edward  Smith,  of  Newport,  beinge  by  the  said 
Mr  EdWar<i  towne  chosen  a  iurry  man,  to  serve  at  the  Court  of  Try- 

Smith's  fine  o       J  J 

remitted,  gjj^  -m  October  last,  and  by  that  Court  fined,  and  he 
haveinge  petitioned  this  Assembly,  and  manifested  a  law- 
full  excuse  for  his  not  attendinge  that  service  of  a  jury 
man,  the  Assembly  doe  see  cause  to  remitt  his  fine. 

Nathaniell  Waterman,  of  the  towne   of  Providence, 
German's  haveinge  sent  a  petition  to  this  Assembly,  the  Assembly 
oeud'edV    haveinge  viewed  and  considered  his  petition,  doe  finde  the 
matter  darke,  and  doe  order,  that  the  said  petition  be  sus- 
pended vntill  the  said  Nathaniell  Waterman,  doe  further 
cleere  the  matter. 

Jeffery  Champlin,  beinge  by  the  Court,  held  in  May 
last,  ffined  twenty  shillings  for  not  attending  that  Court, 
as  a  jury  man,  the  Court  doe  see  cause  to  remitt  one  halfe 
of  his  fine. 

Vpon  a  petition  presented  by  Mr.  William  Dyre,  of 
Newport,  for  service  as  he  saith,  by  him  done  when  he 
was  Secretary  to  the  Generall  Councill  of  this  Collony, 
this  Assembly  on  view  of  his  accounts,  doe  finde  that 
severall  of  his  charges  therein  were  matters  not  proper  to 
him  as  Secretary,  but  were  only  proper  to  the  Recorder's 
office  to  be  done  ;  they  therefore  doe  not  see  cause  to  allow 
the  said  Mr.  Dyre  his  whole  demand  ;  yett  doe  order  that 
for  his  service  he  shall  be  paid  out  of  the  Generall  Treas- 
ury the  sum  of  three  pounds  ;  provided,  that  upon  receipt 


AND  PROVIDENCE  PLANTATIONS. 


397 


thereof,  he  doe  give  a  full  discharge  to  the  Collony  for  his  1671. 
service  as  Secretarye.  ^-^-^v 
Whereas,  Mr.  John  Crandall,  of  the  towne  of  Westerly  ™;na£™£- 
hath  beene  as  is  asserted,  apprehended  and  now  is  in  dur-  connedcH- 
ance  by  the  Collony  of  Connecticut,  and  for  noe  other  cofonyen- 

J  •>  .      ^  gage  to 

cause  than  for  indeavoring  to  mainetaine  the  authority  of^ean 
his  Majesty,  graunted  to  this  Collony  ;  and  he  haveing 
by  Mr.  Tobias  Saunders  desired  the  advice  of  the  Gov- 
ernor and  others  in  this  Collony,  whether  to  give  in  bond 
to  the  authority  of  Connecticut,  or  to  abide  imprisonment. 
This  Assembly  doe  advise  the  said  Mr.  John  Crandall  that 
in  any  matter  relateinge  to  his  actings  for  the  maintain- 
ing his  Majesties  authority  in  this  Collony,  he  give  noe 
bond.  And  alsoe  the  Assembly  dee  promise  that  if  he  be 
forced  to  imprisonment  for  the  premises,  this  Collony  will 
beare  his  charges  thereby,  and  indeavour  to  justify  his 
actings  therein. 

Voated,  that  an  answer  to  the  letters  from  Connecticut drhaewGupat0 
Collony  be  sent  from  this  Court  by  the  first  convenient  Connec- 
opportunity.    And  the  Governor  is  desired  to  take  the 
paines  to  draw  up  an  answer,  and  present  it  to  the  As- 
sembly's consideration. 


ticut . 


It  is  ordered  by  this  Assembly,  that  five  persons  are  fi0^  aP 
nominated,  desired  and  appointed  Commisssioners  to  treat tmttiu? 
with,  and  if  possible  to  issue  the  differences  betweene  this^'™"1" 
Collony  and  the  Collony  of  Connecticut :  who  are,  our 
Honored  Benedict  Arnold,  our  Deputy  Governor,  John 
Clarke,  Capt'n  John  Cranston,  and  Capt'n  John  Greene, 
Assistants,  and  Leiv.  Joseph  Torrey.    And  the  said  five 
persons  afore  nominated,  or  any  three  of  them,  have  full 
power  and  authority  from  this  Assembly,  to  meete  with 
the  Commissioners  of  Connecticut  Collony  by  the  Court  of 
Connecticut  impowered,  and  if  possible,  to  put  a  loveinge 
issue  to  the  differences  now  dependinge  betweene  this  Col- 
lony and  the  said  Collony  of  Connecticut. 

It  is  ordered,  that  if  the  treaty  with  Connecticut  Collo- 
nys  Commissioners,  shall  be  at  New  Yorke  ;  those  that 


398 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLANu, 


1671.  goc  and  attend  as  Commissioners  from  this  Collony,  shall 
v«^-v-^  afore  they  goe,  be  furnished  with  five  pounds  a  peece  in 
money,  and  at  their  rcturne  home,  to  give  an  account  of 
their  expenses,  which  shall  be  borne  by  the  Collony. 
And  if  the  said  treaty  shall  be  at  Rchoboth,  then  our 
Commissioners  shall  be  furnished  by  the  Collony  with  tenn 
pounds  in  money  ;  and  if  their  necessary  expence,  after 
their  returnc,  appcare  to  amount  to  more,  it  shall  be 
paid,  and  borne  by  the  Collony. 

It  is  ordered,  that  Mr.  John  Coggeshall  and  Mr.  Rich- 
Men  aP-    ard  Baily  are  appointed  by  this  Assembly  to  audit  the 

pointed  to  .      .  . 

sign  MiiB.  Generall  Serjant's  accompts  concerninge  the  estate  of  John 
Carr,  in  his  hands  ;  especially  in  order  to  payinge  of  Wm. 
Downeing,  of  Narragansett,  who  was  imployed  in  takinge 
the  said  Carr's  estate. 

It  is  ordered,  that  any  man  that  hath  been  imployed 
upon  any  publick  imployment  upon  the  Collonys  account, 
their  bills  being  signed  by  the  Governor  and  Deputy  Gov- 
ernor, Capt.  John  Cranston,  Mr.  John  Coggeshall,  and 
Mr.  James  Barker,  or  any  three  of  them,  with  the  Gov- 
ernor, or  Deputy  Governor  ;  it  shall  be  a  sufficient  war- 
rant to  the  Generall  Treasurer  to  pay  such  bills  to  them 
so  signed. 

It  is  ordered,  that  whereas  Capt'n  John  Greene  hath 
paid  the  sum  of  twenty  nine  pounds  in  England,  for 
and  on  the  behalfe  of  the  towne  of  Warwicke  ;  it  is  or- 
dered, that  the  said  Capt.  John  Greene  shall  be  paid  and 
allowed  the  sum  of  fifty  eight  pounds  currant  pay  of  this 
Collony,  and  this  sum  to  be  paid  unto  Capt.  Greene  by 
the  towne  Treasurer  of  Warwick,  by  order  from  the  Gen- 
erall Treasurer. 

It  is  ordered,  that  Joseph  Torrey,  Jun'r,  and  Morris 
Freelon,  are  ordered  to  be  paid  out  of  the  Generall 
Treasury  the  sum  of  seven  pounds,  towards  their  cure 
and  loss  of  time. 

Whereas,  William  Timberlake  was  sentenced  by  the 
Court  of  Tryalls  held  in  October,  1669,  to  be  severely 


AND  PROVIDENCE  PLANTATIONS. 


390 


whipt  ami  pay  a  fine  of  ten  pounds  ;  and  the  said  Timber-  1671. 
lake  having  petitioned  this  Generall  Assembly  to  remit  his  v-^-v-**- 
corporall  punishment,  and  accept  a  fine  in  hewe  thereof,  brute's 

i  r  >  r  »  sentence. 

and  alsoe  putt  himselfe  into  the  custody  of  the  Generall 
Serjeant ;  and  the  said  "William  Timberlake  haveinge  sub- 
mitted him  selfe  unto  the  Assembly,  confessinge-  his  fault 
and  misbehaviour  in  breakinge  of  prison,  and  other  mis- 
carriages, and  promisinge  for  the  future  a  reformation  in 
life  and  conversation,  this  Assembly  upon  his  submission 
and  promise,  doe  order,  that  the  said  William  Timberlake 
payinge  the  sum  of  thirteene  pounds,  Xew  England  silver, 
vnto  the  Generall  Treasurer,  Mr.  John  Coggeshall,  his 
sentence  of  corporall  punishment,  and  his  fine  of  tenn 
pounds  of  this  Island  pay  shall  be  remitted. 

William  Timberlake,  in  open  Court  haveinge  performed 
the  order  of  this  Assembly  in  payinge  the  money  to  the 
Treasurer,  was  in  the  Assembly  cleered  by  proclamation, 
on  payinge  ffees. 

Ordered,  that  an  answer  be  drawne  up  and  sent  to  the  Men  »p- 

A  pointed  to 

Governor  of  Plymouth  ;  and  the  Governor  is  desired  to?™*^£9 
draw  up  the  said  answer;  alsoe,  the  Deputy  Governor p^o^h? 
and  Capt.  John  Cranston,  Capt.  John  Greene  are  desired 
to  advise  with  the  Governor  therein,  and  to  be  presented 
to  the  Assembly  for  their  approbation. 

A  petition  presented  and  signed  by  the  Moderator,  and 
Towne  Clerke  of  Warwicke,  to  have  the  inhabitants  of, 
and  lands  of  Mashantatat  added  to  the  towne  of  War- 
wicke, the  Assembly  doe  order  the  said  petition  be  re- 
ferred to  the  next  Generall  Assembly. 

Voated,  that  the  bill  of  Mr.  Thomas  Cornell  to  this  As- 
sembly, for  the  further  incouragement  of  a  troope  of  horse, 
is  referred  to  the  next  Generall  Assembly. 

Voated,  that  whereas,  Serjant  James  Eogers,  who  alsoe 
is  Sheriffe  of  this  Collony,  havinge  formerly  neglected  the 
exicution  of  his  said  office  in  not  takeinge  up  of  rates  ac- 
cording to  the  former  Assemblys  orders,  and  upon  com- 


■too 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  plaint  made  in  this  Assembly,  he  havcinge  promised  that 
S**v-w  within  one  months  time  after  this  Asscmblys  dissolution, 
he,  the  said  Serjant  James  Rogers,  will  faithfully  pcr- 
forme  his  office  in  observeinge  and  exicutinge  the  warrants 
to  him  directed  for  the  gathering  up  all  fines  and  assess- 
ments on  any  person  or  persons  within  this  Collony.  It  is 
by  this  Assembly  mutually  accorded  unto,  that  in  case  the 
said  James  Rogers,  Generall  Serjant,  doe  not  truly  and 
faithfully,  accordinge  to  his  promise,  execute  his  office 
herein,  this  Assembly  doe  recommend  and  desire  that 
Leivt.  Joseph  Torrey  may  by  the  Governor  and  such  of 
the  authority  as  are  afore  impowered  to  issue  fforth  war- 
rants in  such  case,  be  the  person  imployed  therein. 

It  is  ordered,  that  for  the  ffuture,  noe  person  in  this 
t^""ePcho8enn  Collony  shall  be  elected,  chosen  or  imployed  in  the  office 
As""anf,   °f  Generall  Serjant,  or  Sheriffe,  unlesse  such  a  one  as  can 
read  and    read  and  write,  and  be  otherwise  quallifyed,  according  to 
fformer  lawes. 

Ordered,  that  Mr.  Thomas  Cornell  be  desired  to  be  a 
messenger  from  this  Court,  to  carry  a  letter  to  the  gov- 
ernment of  Plymouth,  and  that  he  be  supplyed  with 
twenty  shillings  in  silver,  by  the  Treasurer,  Mr.  John 
Coggeshall,  towards  the  beareinge  his  charge. 

Ordered,  that  the  gentlemen  appointed  by  this  Assem- 
bly to  meete  with  the  gentlemen  of  Plymouth,  at  Taunton, 
at  the  time  of  theire  goeinge,  shall  be  supplied  by  the 
Generall  Treasurer  with  tenn  pounds  in  silver,  towards 
the  bearcing  their  charges  in  that  imployment. 

It  is  ordered,  that  the  Claspt  Booke,  called  the  State 
The  ciaspt  Booke,  shall  be  made  use  of  to  recorde  such  deeds  of  land 

Booke  to  _  m  i    -¥-.  n 

record      therein,  as  shall  be  brought  to  the  Generall  Recorder  to 

deeds  in.  '  o 

record  ;  or  other  writings  of  that  nature. 

It  is  ordered,  that  the  Generall  Treasurer  shall  forthwith 
procure  two  good  strong  bookes,  the  one  to  record  the 
Generall  Assembly s  acts,  the  other  for  the  Court  of  Try* 
alls  acts. 


AND  PROVIDENCE  PLANTATIONS. 


401 


It  is  ordered,  that  the  bills  of  Capt.  John  Cranston,  Mr.  1671. 
John  Tripp,  and  Mr.  John  Easton,  are  referred  unto  the  v^-v-^ 
next  Generall  Assembly. 

It  is  ordered,  that  the  form  of  the  commission  to  the      rf£  0 
millitary  officers  in  this  Collony,  shall  be  exactly  as  the  sion  to  the 
commission  given  to  Capt.  Cranston  and  Leivt.  Joseph  fleers?7  0 
Torrey,  dated  the  3d  of  September,  1667  (only  leaveinge 
out  the  clause,  viz.,  the  Councill  of  the  Island),  and  is  to 
be  given  under  the  seale  of  the  Collony. 

It  is  ordered,  that  the  bill  presented  to  this  Assembly, 
by  Mr.  Caleb  Carr,  for  lessening  the  number  of  Deputies 
in  the  severall  townes  and  for  takeinge  care  for  the  future, 
that  such  as  attend  the  Assemblys,  may  be  duly  payd,  and 
an  act  of  oblivion  past  for  the  remittinge  the  payment  of 
what  formerly  on  that  account  hath  been  due,  is  referred 
to  the  next  Generall  Assembly  ;  and  that  the  townes  in 
the  meane  time  doe  consider  of  it. 

Letter  to  Connecticut. 

Gentlemen  :  You  had  no  grounds  to  expect,  when  we  so 
often  proposed  to  you,  that  we  might  mutually  refer  the 
decision  of  the  controvercy  between  us,  unto  the  Kings 
most  Excellent  Majestie,  as  we  are  in  duty  bound  :  "We 
say,  you  could  not  imagine,  that  we  would,  in  the  meane 
time  betray  our  trust,  and  give  up  our  rights,  by  desertinge 
the  people  under  our  charge,  in  neglectinge  to  govern 
within  the  limites  of  the  Charter  that  his  Majestie  soe  gra- 
ciously bestowed  upon  this  Colony — for  if  so  we  had  done, 
you  needed,  not  then,  to  have  attended  us  in  England, 
when  we  had  so  given  up  our  trust  and  betrayed  our  peo- 
ple.— Gentlemen,  this  your  expectation,  we  cannot  but 
conceive  to  proceed  from  your  apprehentions,  at  least,  of 
our  weakness  or  disingenuety:  But  you  may  be  assured, 
wee  shall  not  so  foolishly,  and  disloyaly  decline  our  duty; 
and  yet,  while  we  are  in  the  exercise  of  that  authority 
which  is,  by  Gods  Providence,  and  the  royal  favour  of  our 
Soverraigne,  put  into  our  hands  to  govern  in  all  those  parts 

51 


402 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  contained  in  our  Charter,  the  western  boundary  whereof  is 
*r* * ' Pawcatuck  alias  Narragansett  river,  asy  on  know  well 
enough  ;  and  your  Governor,  no  doubt  cannot  forget  it. 
We  say,  while  we  are  soe  found  actingc  in  obedience  to 
his  Majesties  commission,  we  shall  not  be  in  any  way  dis- 
couraged to  expect  his  gr'aceous  protection,  against  your 
and  all  others  unjust  molestations;  it  beinge  clere  that  the 
ambition  of  some,  and  covetousness  of  others,  puts  you 
upon,  and  by  their  importunities  provokes  you  unto  these 
violent  invasions  on  our  rights  and  priviledges.  Notwith- 
standing your  submission  unto  the  determination  of  his 
Majesties  Commissioners,  made  and  declared  at  Pettacom- 
scutt  in  March  1664;  which  is  evident  by  your  desisting 
from  molesting  us  in  those  parts  for  several  years,  whereby 
you  confessed  our  undoubted  right — and  we  by  a  constant 
course  of  justice  there  maintained,  did  cleerly  evince  that 
we  durst  not  for  any  point  of  time,  neglect  our  duty,  it 
beinge  dangerous  and  disloyall  soe  to  doe.  And  where 
you  plead  the  propriety  of  your  grant,  it  is  more  than  won- 
derfull  you  forgitt  that  your  grant,  was  by  his  Majesties 
command  arrested,  and  before  your  agent  could  cleere  it, 
there  was  an  agreement  made,  and  the  eastern  boundary 
of  your  pattent  defined,  which  before  was  not  soe  cleerly 
and  definitively  expressed,  but  only  said  to  be  Narragan- 
sitt  river  ;  which  river  is  knowne,  now,  by  his  Majesties 
royal  determination  in  our  pattent,  to  be  Pawcatuck  river  ; 
and  that  upon  the  concurrance  and  agreement  of  your, 
and  our,  agents  in  England,  as  under  their  hands  and 
scales  you  know  is  extant.  And  whereas  you  say,  your 
claims  by  Charter,  are,  or  have  been,  unquestionable,  you 
must  be  very  forgetfull,  if  you  remember  not  how  much 
your  western  and  southern  claims  have  been  questioned, 
and  found  bound  just  right,  which  showes  his  Majesty  had 
not  from  you  such  cleere  information  as  became  dutefull 
and  loyall  subjects  to  have  given  unto  their  Prince.  But 
as  for  all.  these,  your  differences  with  us,  and  intrusions 
upon  us,  we  have  often  tendered  you,  mutually  to  refer 


AND  rnuVIDENCE  PLANTATIONS. 


103 


all  to  the  determination  of  our  Sovereign  Lord  the  King  ;  1671. 
to  all  which  we  never  received  so  much  as  a  hint  that  you  v-^-^-*» 
took  notice  thereof,  untill  now,  in  yours  of  May  11th, 
1671,  you  mentioned  it  by  way  of  evasion,  because  we 
continue  in  the  exercise  of  government  in  the  parts  you 
would  wrest  from  us  (as  by  your  violent  intrusions  it  too 
plainly  appears),  but  to  that  invasion,  we  have  given  you 
our  answers  above.  And  yet,  since  we  have  from  you  at 
last,  a  word  that  you  take  notice  of  our  offers,  of  our  ap- 
peale  to  his  Majestie,  for  a  full  determination  (if  further 
than  that  it  is,  it  can  be),  we  still  offer  you  that  expedient, 
as  the  most  rational  way  to  end  that  controvercy,  praying 
your  positive  answer  therein.  Yet  we  assure  you,  that  in 
the  meane  time,  we  shall  not  emit  our  perseverance  in  the 
exercising  of  government  there.  But  shall,  as  in  duty 
we  are  obliged,  go  on  in  the  defence  of  his  Majesties  in- 
terest, and  the  peoples  peace,  and  security  on  the  east 
side  Pawcatuck  river,  and  within  the  bounds  mentioned 
in  our  Charter,  and  reconfirmed,  and  cleerely  declared  by 
his  Majesties  Honorable  Commissioners,  as  afore  is  men- 
tioned. Yet  seeing  your  late  application  to  us  (as  your 
committee  in  theirs  of  May  19th,  1671,  are  pleased  to 
mention  to  yourselves),  we  are  willing  to  answer  your 
motions,  for  a  friendly  treaty.  And  such  a  treaty  had 
been  before  now,  had  you  not  refused  to  treat  at  one  of 
those  places,  mentioned  by  Mr.  Crandall,  by  order  from 
us  in  October  last.  But  adhereing  to  your  own  appoint- 
ment at  New  London  or  Hartford,  for  the  place  of  treaty, 
both  in  your  owne  Collony  ;  to  which  we  had  no  encour- 
agement to  agree  ;  in  as  much  as  our  Commissioners  who 
attended  yours  in  the  late  treaty  at  New  London,  found 
such  an  unsuitable  (not  to  say  uncivill)  behaviour  from 
yours,  besides  their  denying,  when  ours  desired,  an  open 
conference  before  all  men  present,  or  at  least,  that  the 
whole  discourse  that  passed  between  them  in  writing, 
might  be  read  before  the  people,  which  had  been  very 
reasonable  ;  that  soe  such  as  are  led  in  the  darke,  might 


404 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  have  heard,  and  seen  the  truth  of  the  case,  for  truth 
seeks  no  corners.  Fot  the  reasons  aforesaid,  ours  are  not 
free  to  meete  upon  such  advantages,  and  therefore  as 
places  of  more  indifTerency  to  meete,  and  treat,  we  pro- 
pose Secuncke,  alias  Rehoboth  ;  and  in  case  that  be  not 
accordinge  to  your  conveniency,  we  propose  New  York, 
a  place  far  more  remote  from  us,  than  from  yourselves^ 
we  are  willing  to  deny  ourselves  in  that  respect,  and  give 
you  the  advantage  of  havinge  the  least  journie  to  goe. 
Which  place,  in  other  respects,  is  most  comniodiously  in- 
different to  both.  And  if  you  please  to  accept  of  either 
of  those  places,  for  the  said  treaty,  we  desire  to  know 
your  minds  ;  and  we  leave  it  to  you,  to  appoint  the  time, 
and  to  give  us  such  timely  notice  thereof,  as  may  serve 
for  performingc  the  voyage  ;  which  notice  we  expect  to 
receive,  at  least  twenty  days  before  the  day  you  appoint 
for  a  treaty.  And  thereupon  you  may  assuredly  expect 
(if  the  Lord  please)  that  three  persons  from  us,  invested 
with  as  full  power  as  this  Collony  is  invested  with  by  his 
Majesty  (in  this  respect),  to  meete,  treate  with,  and  con- 
clude, with  so  many  persons  by  yourselves  so  impowered, 
a  full,  and  fynall  agreement,  and  accord,  in  all  matters 
controverted  between  you  and  us.  And  as  the  most 
hopefull  meanes  to  procure  a  right  understandinge  of  the 
truth  of  the  case  between  yourselves  and  us.  We  also 
propose,  that  besides  such  persons  fully  and  mutually  im- 
powered, that  your  honored  Governor,  and  our  honored 
Deputy  Governor,  who  were  agents  for  procuring  Charters 
in  England,  may  be  present  at  the  treaty  ;  being  most 
able  to  clear  up  all  difficultyes,  and  that  which  will  be 
most  tending  to  a  good  accord,  between  the  two  Colonies. 
Which  motion,  if  you  accept,  let  us  know  the  same,  and 
our  Deputy  Governor,  if  the  Lord  permitt,  will  freely,  for 
preventinge  future  troubles,  take  the  paines  to  come  to 
the  treaty  ;  provided,  that  the  treaty  may  be  before  the 
10th  of  September  now  next  ensueinge  the  date  hereof. 
And  do  expect  you  will  forbeare,  in  meane  time,  using 


AND  1'ROVIDENCE  PLANTATIONS.  406 

ibvcc  in  any  parts,  on  the  cast  side  of  Pawcaluck  river,  1671. 
called  also  Narragansitt  river  as  aforementioned.  s^-v-^.« 

And  thus,  honored  gentlemen  and  friends,  we  shall  no 
farther  enlarge  at  present,  but  remaine  your  very  affec- 
tionate friends  and  loving  neighbors, 

The  Gencrall  Assemblye  of  his  Majesties 
Collony  of  Rhode  Island  and  Providence 
Plantations.    Signed  by  their  order, 

JOHN  SAN  FORD, 
Clerk  of  the  Assembly. 
Dated  in  Newport,  June  14th,  1671. 

To  our  honored  friends,  the  Governor  and  General1 
Assembly  of  his  Majesties  Collony  of  Connecticut. 
Present  with  care.  Or  in  case  the  Assemblye  be 
not  now  sittinge,  then  to  the  Governor  and  Coun- 
cil!, at  Hartford,  these  be  delivered. 

Letter  from  Connecticut  to  Rhode  Island. 

Hartford,  July  29th,  1671. 

Gentlemen  :  We  receiued  your  lines  dated  June  14th,  1671,  and  upon  peru- 
sal 1  of  them  (to  say  no  worse),  we  find  in  them  unehari table  reflections,  which 
we  arc  not  willing  to  insist  upon,  but  rather  with  an  intimation  of  our  takeing 
notice  thereof  pass  them  by,  not  doubting  but  yourselves,  upon  a  second  peru- 
sall  of  your  lines,  will  see  cause  enough  to  blame  your  seines  for  the  same  ;  and 
indeed,  if  you  had  written  upon  your  certaine  knowledge,  then  it  had  been 
worthy  of  more  consideration,  for  it  is  wondcrfull  to  us  that  your  General; 
Assembly  should  affirmc  that  our  grant  was  by  his  Majesties  command  ar 
righted,  See.,  which  is  an  assertion  that  must  needs  be  vpou  some  information 
too  soon  belieued.  You  also  spcake  of  an  unsuitable  (not  to  say  onciuill) 
bchauior  of  our  Commissioners  manifested  to  yours,  in  their  treaty  last, 
which  was  at  New  London,  with  an  assertion  of  our  Commissioners  denying 
yours  an  open  conference,  it  is  clerely  known  and  may  be  proucd  by  many 
witnesses,  that  their  must  be  great  allowance  giuen.  to  make  any  show  of 
truth  in  those  expressions.  But  truely,  gentlemen,  wc  had  rather  pass  by  such 
reflections  than  insist  upon  them. 

Gentlemen,  touching  your  proposition  you  make  for  a  freindly  treaty  at  Sea- 
cuuck,  the  place  by  you  first  named,  or  New  Yorke  after  proposed,  we  should 
be  willing  to  concurr,  had  not  our  Gencrall  Court  at  their  session  other- 
wise prouided;  namely,  that  New  London,  or  some  other  place  near,  should 
be  the  place  of  meeting.  But  if  you  shall  desire  to  haue  such  a""proposition 
made  to  our  Gencrall  Court  at  the  next  session  in  October,  and  will  fully 


■10G  RECORDS  OP  TllE  COLONY  OF  RHODE  ISLAND, 

1G71.  iropower  your  Committee  to  treat  about  and  conclude  a  full  and  finall  agree* 
l^^j^,,  ,nen^  and  accord  of  all  matters  that  arc  and  hauc  been  controverted  between 
you  and  us,  without  any  priuate  cautions  or  restraints,  wo  suppose  they 
may  be  ready  to  attend  you.  As  for  what  you  say  of  our  appointing  or 
engaging  that  our  Gouernor  should  be  present  with  your  honored  Deputy 
Governor  (at  such  meeting),  besides  the  Committee,  we  must  leauc  it  to  his 
owne  eouveniency  for  a  journey  upon  such  account.  But  were  the  place  not 
far  remote,  its  like  he  would  be  ready  to  be  present;  to  clcare  such  things  as 
haue  or  shall  be  laved  to  his  charge,  and  [to  show  you]  that  his  information 
giaen  to  his  Majestic,  was  such  as  became  a  dutyfull  and  loyall  subject.  You 
had  heard  sooner  from  us,  but  that  we  were  not  in  a  capacity  to  answer  your 
propositions  in  the  affirmatinc  ;  and  therefore,  we  thought  this  delay  would 
be  no  prejudice. 

We  shall  not  trouble  you  further  at  this  time  ;  only  we  must  let  you  know 
that  we  sec  noe  cause  to  desist  from  cxerciscing  gouernmcnt  within  the  limits 
expressed  in  our  Charter  ;  neither  doe  wc  doubt  but  his  Majestiewill  continue 
his  gracious  protection  and  incouragqment  to  us  herein,  and  that  we  shall  at 
last  be  freed  from  all  those  violent  inuasions  on  our  rights,  which  is  vudoubt- 
edly  in  our  Charter  stated  from  Narragansett  Bay,  & i* 
Thus,  honored  gentlemen,  wc  bid  you  farewell,  and  remayne, 

Your  affectionate  freinds  and  louing  neighbors,  the  Commit- 
tee  of  Assistants  present  of  his  Majesties  Collony  of  Con- 
necticut.   Signed  per  their  order,  per  me, 

JOHN  ALLYN,  Secretary. 
These  for  the  worshipfull  Benedict  Arnold,  Esq  ,  Gouernor  of  the  Collony 
of  Rhode  Island,  &e.,  in  Newport,  this  deliver.    To  be  communicated  to 
the  Honored  Councill  there. 

Order  from  the  Constables  of  the  Town  of  Stonington. 

We,  the  Constables  of  the  townc  of  Stonington,  being  informed  of  seucrall 
late  threatnings  against  the  persons  and  estates  of  some  of  the  inhabitants  of 
Stonington,  by  some  ou  the  east  side  of  Pawcatuck  riuer,  and  haueing  had  too 
much  experience  of  violent  and  vnreasonable  actions  (as  we  apprehend)  in 
forcible  cntric  vpon  our  township,  and  driueing  off  some  from  their  possessions 
and  demolishing  of  houses  and  diuiding  the  boards  as  a  spoile,  &c  and  this 
vndcr  a  pretence  of  being  countenanced  herein  by  the  Collony  of  Rhode 
Island.  And  being  informed  of  an  asscmblycing  together  of  some  company  at 
Mr.  Tobias  Saunders  his  house,  least  we  meet  with  any  inuasion  of  our  liber- 
ties, or  violence  showed  to  our  persons  and  estates  and  that  vnder  a  pretence 
of  goucrnment,  where  our  Colony  haue  swornc  vs  to  maiuctaine  the  gouern- 
mcnt of  his  Majestic  in  our  places  committed  to  the  Generall  Assembly  of 
Connecticut  to  carrie  on  and  maintaine.  and  where  wc  are  swornc  to  maintainc 
his  Majesties  peace.  These  are  to  desire  an  answer  from  any  such  assembly 
vpon  what  account  they  are  mett  together,  that  we  may  not  meet  with  any 


1  This  and  the  two  orders  which  follow,  arc  from  the  Records  of  Connecticut. 


AND  PROVIDENCE  PLANTATIONS. 


407 


linage  od  the  sadden,  and  may  know  whether  the  meeting  is  only  a  visit,  cr  1G71. 

to  violate  our  liberties  and  priuileges.*  Yoars,  in  all  ciuillitic,  u".  -fcJ 

THOMAS  STANTON,  >  Consla- 
JOHX  DENISON,      |  bles. 

Order  from  Secretary  Allyn  to  the  Constables  of  Stonington. 

To  our  Constables  of  Stonington  : 

Gentlemen  :  we  hane  been  informed  by  Capt.  Deuison,  and  Mr.  Minor,  &e% 
of  your  great  care  in  the  preseruing  of  the  peace  of  his  Majesties  subjects  un- 
der this  gouernment  in  your  township  ;  and  opposeing  and  protesting  against 
those  whoe  haue  appeared  to  exert  gouernment  within  your  limits  ;  and  that 
you  haue  done  this  when  your  Commissioners  were  oat  of  towne,  and  absent 
from  you.  is  well  resented  by  us.  And  we  doe  hereby  return  you  tl.ar.kes  for 
your  good  seruice  therein,  and  shall  still  be  ready  as  opportunety  offers,  to  let 
you  know  how  we  doe,  and  shall  approue  of  our  motions  whilst  you  con- 
tinue in  a  sober,  and  yet  resolute,  prudent  manner  to  discharge  your  duty  in 
the  places  you  are  chosen  to,  and  soe  bid  you  farewell. 

Signed  by  order  of  the  Committee  of  the  Gcnerall  Court. 

Per  me,  JOHN  ALLYN,  Secretary. 

You,  A.  B.,  beinge  chosen  to  the  office  of  ,  of%™™™ 

the  Traine  Band  of  the  towne  of  ,  and  sollemly  en- tary  cffice:?" 

gaged  thereunto,  are  hearby  in  his  Majesties  name  im- 
powered,  and  alsoe  required  to  doe  all  such  things  as  by 
the  acts  and  orders  of  the  Generall  Assembly,  or  of  the 
Generall  Councill  of  the  towne  aforesaid,  relateinge  to 
traininge  or  watching  have  been  annexed  to  your  said 
office.  As  alsoe  in  case  of  any  suddaine  assault  or  ap- 
proach of  a  common  enemy  to  infest  or  disturbe  this  his 
Majesties  plantation,  by  direction  from  the  Governor  and 
Councill,  if  it  may  be  had,  or  if  through  the  suddain- 
ness  of  the  assault,  it  cannot  bee  had,  then  at  your  discre- 
tion you  are  to  alarme  and  gather  together  the  Traine 
Band,  and  to  the  vtmost  of  your  skill  and  abillity  you  are 
with  them  (in  the  name  of  the  Lord  of  Hosts,  by  all  law- 
full  meanes,  as  is  exprest  in  our  Charter),  to  resist, 
expulse,  expell,  &c,  the  same,  in  order  to  preserve  the 
interest  of  his  Majestie,  and  of  his  good  subjects  in  these 
parts.  You  are  alsoe  to  ffollow  such  ffurther  directions, 
and  instructions  as  shall  from  time  to  time  be  given  fforth, 

*  See  reply  in  Protest,  p.  387,  of  this  volume. 


408  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1(17 1.  either  Prom  the  Generall  Assembly,  the  Governor  ami 
^-v*^  Council!  for  the  Couneill  of  the  respective  tovvne  to  which 
you  belong.    And  for  soe  docinge,  this  commission  shall 
be  your  warrant  and  discharge. 

At  a  meeting  of  the  Governor,  Deputy  Governor,  Capt. 

Cranston,  Mr.  John  Coggcshall,  and  Lieutenant  John 

Albro,  at  Newport,  July  21,  1671. 

Ordered,  that  the  Secretary  shall  transcribe  the  letter  re- 
ceived of  the  Gen'll  Assembly  of  New  Plimouth,  dated  July 
the  8th,  1G71,  that  it  may  bee  sent  to  the  Assistants  on 
the  maine,  in  order  to  their  haueing  the  perusall  thereof. 

At  a  meeting  of  the  Governor  and  Couneill,  at  Newport, 
August  30th,  1671. 
Ordered,  that  the  insueing  letter  bee  sent  to  the  Gov- 
ernor and  Couneill  of  New  Plymouth,  in  answer  to  theirs, 
by  Mr.  Hinckley  and  Mr.  South  worth. 

Letter  to  New  Plymouth. 

Much  Honored  Gentlemen :  Yours,  by  the  much  re^ 
spected  Mr.  Thomas  Hinckley  and  Mr.  Constant  South- 
worth,  wee  haue  receiucd,  and  by  conference  with 
those  gentlemen  and  our  owne  observations,  are  sensible 
that  there  are  more  than  ordinary  causes  to  suspect  and 
belieue  the  Indians  are  treacherously  inclined  against  the 
English  in  generall,  and  that  therefore  wee  are  bound  by 
the  highest  obligations  with  vnited  hearts  and  hands  to 
vse  our  vttermost  indeavours  to  resist  and  defeate 
(through  the  assistance  of  the  Almighty)  their  bloody 
and  perfidious  designes.  In  order  wherevnto,  our  Gen- 
erall Assembly  did  in  theirs  by  Mr.  Cornell  of  the  16th  of 
June  last,  propose  vnto  you  that  some  persons  might  bee  im- 
powered  by  your  seines  and  vs  to  meete  and  conferr  vpon 
the  reasons,  wayes  and  means  why  and  how  it  ought  and 
may  bee  accomplished.  And  to  that  end,  did  nominate 
and  appoint  our  Honored  Governor,  Capt.  John  Cranston, 


AKD  PROVIDENT E  PLANTATIONS. 


409 


Mr.  "William  Baulston,  Mr.  William  Carpenter,  and  Capt.  167]. 
John  Greene,  Assistants  ;  or  any  three  or  four  of  them  to 
meete  and  treate  with  soe  many  of  yours  at  Taunton. 
This  act  of  our  Generall  Court  is  still  in  force,  and  is  that 
which  wee  conceiue  may  bee  the  only  expedient  to  come 
to  a  serious  debate  and  agreement  in  a  matter  of  soe  great 
concern  ;  and  which  if  you  please  to  embrace,  wee  shall 
readily  attend,  where  all  difficulties  may  be  examined, 
advantages  considered,  reasons  on  both  sides  weighed,  and 
such  an  agreement  concluded,  as  wee  hope  by  the  blessing 
of  God,  may  bee  for  the  security  and  peace  of  these  parts 
and  the  English  inhabitants  ;  and  if  in  the  meane  time 
and  before  this  bee  accomplished,  the  Indians  shall  make 
any  attempts  vpon  any  of  his  Majesties  subjects,  wee  shall 
vse  our  vtmost  indeavours  in  our  stations  and  places  to 
suppress  and  subdue  them. 

Honored  Gentlemen,  you  haue  our  reall  intentions 
herein,  which  as  these  proceed  from  our  hearty  and 
vnfained  desires  of  the  peace  and  safety  of  our  country- 
men in  generall,  and  of  your  selues  our  loueing  neigh- 
bours in  perticular,  soe  wee  shall,  to  the  best  of  our 
abilities  (God  willing)  performe  the  same. 

Wee  shall  add  noe  more  at  present,  but  with  our 
thankfull  acknowledgments  of  your  great  care  and  pru- 
dence in  this  affaire,  wee  remaine,  gentlemen, 

Tour  affectionate  friends  and  neighbours, 
the  Generall  Councill  of  his  Majesties 
Collony  of  Rhode  Island  and  Provi- 
dence Plantations,  &c.  Signed  by 
their  order, 

Per  RICHARD  BAILY,  Secretary. 
To  the  Honorable  Thomas  Prince,  Esq.,  Governor  of 
the  jurisdiction  of  Xew  Plimouth,  these  present.  To 
bee  communicated  to  the  rest  of  the  Hon'd  Councill. 

August  31,  1671.  There  being  a  great  necessity  to 
put  the  Colony  in  a  posture  of  defence  att  this  time, 

52 


410 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  wherein  there  are  soe  apparent  grounds  to  expect  some 
-^~v-w  treacherous  designes  and  practices  from  the  Indians,  itt  is 
therefore  ordered,  that  the  Towne  Councills  and  Councills 
of  Warr,  of  each  rcspectiue  towne  on  the  Island,  shall 
meete  at  Mr.  Geo.  Lawton's  dwelling  house  in  the  bounds 
of  Portsmouth,  on  Tuesday,  the  5th  day  of  September, 
now  next  insueing,  at  nine  of  the  clock  in  the  forenoon, 
then  and  there  to  consider  of  some  wayes  and  means  for 
secureing  the  inhabitants  and  their  estates  in  these  times 
of  imminent  danger. 

Itt  is  alsoe  ordered,  that  twenty  horsemen,  ten  out  of 
each  towne,  compleately  armed,  shall  attend  at  the  same 
time  and  place,  for  defence  of  the  said  Councills  there 
sitting.  And  to  the  end  the  townes  and  plantations  on 
the  maine  land  may  bee  in  such  a  capacity  that  they 
bee  not  surprized,  itt  is  therefore  ordered,  that  Capt. 
John  Green  bee  desired  to  signifie  to  them  that  the  Coun- 
cill  advise  and  require  them  forthwith  to  vse  their  endea- 
vors for  to  secure  themselues  by  setting  of  watches, 
provideing  of  ammunition,  putting  themselues  in  a  posture 
of  defence,  and  keeping  such  an  eye  over  the  Indians, 
that  they  may  vpon  all  occasions  giue  notice  of  any  assault 
or  attempt  made  by  them  against  the  inhabitants  of  this 
Colony  ;  and  a  copy  of  this  order  shall  bee  forthwith  sent 
by  the  Secretary  to  each  towne  on  Rhode  Island,  and 
alsoe  to  Capt.  Greene. 


> 


AND  PROVIDENCE  PLANTATIONS. 


411 
1671. 


Proceedings  of  the  Generall  Assembly  of  the  Cottony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, 2bth  September,  1671. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  John  Clarke,  Deputye  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Thomas  Harris, 

Mr.  John  Coggeshall,  Mr.  William  Baulston, 

Mr.  James  Barker,  Leivt.  John  Albro, 

Mr.  William  Carpenter,       Capt.  John  Greene, 
Mr.  Roger  Williams,  Mr.  Benjamin  Smith. 


DEPUTIES. 


Mr.  William  Weeden, 
Mr.  Caleb  Carr, 
Mr.  Joseph  Clarke, 
Mr.  Edward  Smith, 
Leivt.  Joseph  Torrey, 
Mr.  Richard  Baily, 
Mr.  John  Throckmorton, 
Mr.  Anthony  Evernden, 
Mr.  Thomas  Arnold, 


Mr.  Henry  Browne, 
John  Sanford, 
Mr.  Robert  Hazard, 
Mr.  Caleb  Arnold, 
Lieut.  Francis  Bray  ton, 
Capt.  Randall  Howldon, 
Mr.  Richard  Carder, 
Mr.  Walter  Todd, 
Mr.  Amos  Westcott. 


The  Governor  chosen  Moderator  of  the  Assembly. 

J ohn  Sanford,  chosen  Clerke  of  the  Assembly. 

Voated,  that  Mr.  John  Clarke,  our  Honored  Deputy  clif**? 
Governor,  be  the  person  sent  by  this  Colony  unto  Eng-  lleg°and. 
land,  as  the  Collonys  Agent,  to  manage  the  appeale  of 
this  Colony  to  his  Majesty  against  the  intrusions  of  Con- 
necticut. *" 

Voated,  that  our  Agent,  Mr.  John  Clarke,  shall  bo 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLANi), 


1G71.  sapplyed  with  £200  in  silver,  for  the  management  of  this' 

ij**^/ (Jollgnys  affairs  in  England. 

The  Assembly  takeing  into  consideration  the  inconven- 
iency  of  the  lands  vpon  the  maine  land,  in  Niantuck, 
Narragansett,  Cohassitt,  and  other  parts  lying  unimproved, 
there  being  vast  tracts  procured  into  the  hands  of  a  few 
persons,  and  by  some  townes  that  cannot  improve  any 
considerable  part  of  those  tracts,  which  is  a  discourage- 
inge  to  many  persons  in  the  Collony  that  want  lands  to  im- 
prove. And  are  sensible  of  oppressions  that  they  from  time 
to  time  are  forced  to  pay  rates  towards  the  defence  of  the 
said  maine  lands,  whilst  they  have  little  hope  to  have  any 
profhtt  by  those  lands  as  long  as  they  are  monopolized  as 
aforesaid.  And  the  Assembly  being  fully  sensible  of  the 
same,  doe  recommend  unto  the  next  Generall  Assembly 
to  take  such  care  that  there  may  be  lands  procured  from 
these  plantations  or  persons,  which  have  accumulated  such 
vast  tracts  that  they  may  be  at  the  disposeall  of  the  Col 
lony  to  accommodate  such  as  want  ffirst,  or  especially  such 
as  are  already  in  the  Collony  ;  as  alsoe  such  as  may  de- 
sire to  be  admitted  from  other  parts,  and  that  the  Collony 
may  see  cause  to  admitt  into  the  Collony  from  time  to 
time.  And  that  some  discreete  persons  may  be  appointed 
in  this  behalfe  to  negotiate  and  goe  through  to  effect  the 
premises. 

Voated,  that  for  the  more  certaine  supply,  and  that  the 
The  way  sum  of  two  hundred  pounds  in  New  England  silver,  be 
be  raised,  delivered  vnto  our  Agent,  it  is  ordered,  that  a  rate  of  two 
hundred  and  fifty  pounds  in  silver  money  as  aforesaid,  be 
levied  and  assessed  on  the  inhabitants  of  this  Collony,  and 
brought  in  to  the  Generall  Treasurer,  by  whome  the  said 
sum  of  two  hundred  pounds  shall  be  delivered  to  our 
Agent,  and  the  other  ffifty  pounds  to  be  disposed  off  by 
the  Treasurer  as  the  Generall  Assembly  of  this  Collony 
shall  see  cause  to  order. 

And  for  the  raisinge  the  said  sum  of  two  hundred  and 
liftypounds  in  this  Collony,  it  is  ordered,  that  Block  Island 


AND  1'llGVIDENCE  PLANTATIONS. 


413 


shall  pay  to  the  assessment  aforesaid,  the  sum  of  five  1671. 
pounds  ;  Fettacomscutt  the  sum  of  tenn  pounds  ;  the  in- 
habitants  betweene  Pettacomscutt  and  Wanvieke  towne 
bounds,  the  sum  of  twenty  ffive  pounds  ;  the  towne  of 
Warwicke  shall  pay  the  sum  of  twenty  two  pounds,  fifteene 
shillings  ;  the  towne  of  Providence,  thirty  seven  pounds", 
fifteene  shillings  ;  the  towne  of  Portsmouth  thirty  seven 
pounds,  fifteene  shillings  ;  Newport,  ninety  six  pounds  ; 
Hope  Island,  fifteene  shillings  ;  Quononoqutt,  fifteene 
pounds. 

It  is  also  ordered,  that  the  inhabitants  at  Meshantatat, 
shall  pay  to  the  Generall  Treasurer  the  sum  of  (Forty  shil- 
lings ;  which  is  an  addition  to  the  aforesaid  sum,  and  to 
be  paid  in  the  same  specie. 

And  it  is  ordered,  that  Thomas  Relph,  Roger  Burling-  l^^;d  b 
ham,  and  John  Ilarnul,  or  any  two  of  them,  shall  be  the ™fe.e  tlle 
persons  to  make  the  rate  and  levie  the  assessment  on  the 
inhabitants  of  Meshantatat.  And  for  the  inhabitants  be- 
tweene Pettacomscutt  and  Warwicke,  the  Assembly  doe 
nominate  Mr.  Richard  Smith,  Mr.  Thomas  Gould,  Mr. 
Sainuell  Dyre,  Mr.  James  Reynolds,  and  Henry  Tibbotts  ; 
they  or  any  three  or  more  of  them,  shall  be  the  persons  to 
levie  and  assess  the  rate  on  the  inhabitants  there. 

And  for  Block  Island,  this  Assembly  doe  nominate  and 
impower  Mr.  James  Sands,  Peter  George,  Symon  Ray, 
Samuell  Hagbourne,  and  Robert  Gutteridge,  or  any  three 
or  more  of  them  to  be  the  persons  to  levie  and  assess  the 
rate  on  the  inhabitants  of  Block  Island. 

For  Pettacomscutt,  Mr.  Samuell  Wilson,  Jireh  Bull, 
William  Herfernan,  Samuell  Albro,  and  William  Knowles, 
they,  or  any  three  or  more  of  them  are  the  persons  nomi- 
nated and  impowered  to  make  and  assess  the  rate  on  the 
inhabitants  of  Pettacomscutt. 

And  for  Quononoqutt,  the  Governor  and  Mr.  William 
Brenton,  Mr.  William  Coddington,  Mr.  Robert  Carr,  Mr. 
Caleb  Carr,  Mr.  Richard  Smith,  and  Mr.  ffrancis  Bremly, 
they,  or  any  fower  or  more  of  them  shall  levie  and  assess" 


414 


RECORDS  OB;  THE  COLONY  OF  RHODE  ISLAND, 


1671.  the  rate  of  Quononoqutt.  And  it  is  ordered,  that  the 
-*"-v-*»-'  Generall  Treasurer  doe  demand  and  receive  of  the  Island 

Hope  the  sum  by  this  Assembly  assessed,  and  levied  ort 

that  Island. 

(Further  it  is  ordered,  that  for  the  two  townes  War- 
wicke  and  Providence.  For  Providence,  this  Assembly 
doc  nominate  and  appoint  Mr.  William  Carpenter,  Mr. 
Roger  Williams,  Mr.  Thomas  Harris,  Capt.  Arthur  ffen- 
ner,  Mr.  Thomas  Olney,  Sen'r,  Mr.  Thomas  Olney,  Jun'r, 
and  Mr.  John  Whipple,  Jun'r,  they  or  the  major  part  of 
them,  to  make  and  levie  the  rate  on  the  inhabitants  of 
Providence. 

ffor  the  towne  of  Warwicke,  the  Assembly  doe  nomi- 
nate and  impower  Capt'n  John  Greene,  Mr.  James 
Greene,  Mr.  Richard  Carder,  Mr.  Edmund  Calverly  and 
Mr.  Amos  Westcott,  to  be  the  persons,  they,  or  any  three 
or  more  of  them,  to  make,  levie  and  assess  the  rate  levied 
on  the  towne  of  Warwick. 

ffurther,  it  is  ordered,  that  if  the  inhabitants  of  the  sev- 
erall  places  afore  mentioned,  viz.  :  of  Providence,  War- 
wick, Mashantatat,  and  the  places  betweene  Warwick 
and  Pettacomscutt.  Pettacomscutt  and  Block  Island  shall 
amongst  themselves  make  choice  of  men  to  make  and  assess 
the  rate  on  the  pertickular  inhabitants  and  proprietors  soe 
that  the  same  rate  and  assessment  be  made  and  done,  and 
returned  by  the  persons  soe  chosen  vnder  their  hands  vnto 
the  Generall  Treasurer,  at  or  before  the  18th  day  of  Octo- 
ber next,  then  the  persons  by  this  Assembly  nominated, 
are  discharged  thereof;  otherwise,  the  afore  nominated 
persons  by  this  Assembly  nominated,  are  to  make,  assess, 
and  divide  the  said  sums  on  the  pertickular  inhabitants  and 
proprietors  of  the  severall  places  aforesaid,  and  returne  it 
vnder  their  hands  vnto  the  Treasurer,  at  or  before  the  afore- 
said 18th  day  of  October  next.  And  in  case  the  persons  who 
shall  by  the  pertickular  inhabitants  be  chosen  to  make  a 
rate  and  assess  the  sums  specified  on  the  pertickular  per- 
sons in  the  severall  places  afore  nominated,  do  neglect  to 


AND  PROVIDENCE  PLANTATIONS. 


415 


assess  the  same  by  a  rate  and  make  returne  thereof  as  is  1671. 
afore  ordered,  that  then  the  sum  by  this  Assembly  order-  ^-v-w 
ed  to  be  paid  by  the  places  nominated,  shall  be  taken  by 
distraint  from  the  persons  soe  chosen,  and  neglectinge. 
And  if  noe  persons  be  soe  chosen  by  the  severall  places, 
then  the  persons  afore  nominated  for  each  place,  neglect- 
inge to  levie  and  assess  the  said  sum  by  rate  on  the  per- 
tickular  inhabitants  of  each  place  the  sums  by  this  Court 
ordered,  to  be  paid  to  the  Treasurer,  it  shall  be  taken 
by  distraint  from  the  persons  by  this  Court  nominated  as 
aforesaid,  to  make  and  assess  the  said  rates. 

It  is  also  ordered,  that  the  townes  of  Newport  and 
Portsmouth,  shall  cause  their  pertickular  rates  to  be  made 
and  assessed  on  the  inhabitants  of  the  said  townes  for  the 
payment  of  what  is  by  this  Assembly  assessed  on  them,  and 
the  same  to  be  made  and  done  by  each  towne  respec- 
tively, and  returned  to  the  Generall  Treasurer,  at  or  be- 
fore the  18th  day  of  October  next. 

And  it  is  ffurther  ordered,  that  the  whole  assessment 
from  each  pertickular  place  shall  be  paid,  and  delivered  to 
the  Generall  Treasurer,  at  or  before  the  10th  day  of  De- 
cember next. 

And  in  case  that  any  person  or  persons  doe  not  pay 
their  part  in  silver,  that  then  they  shall  pay  the  double  in 
provisiones,  at  price  currant.  *  And  that  if  any  persons 
doe  refuse,  or  neglect  to  pay  the  sums  assessed  on  them, 
then  forthwith  warrant  shall  be  given  forth  by  the  persons 
impowered  by  the  last  Generall  Assembly  to  grant  warrants 
in  such  case  to  distraine  upon  the  estate  of  the  persons  neg- 
lectinge or  refuseinge  to  pay  the  sums  assessed  on  them. 

Whereas,  there  is  a  desire  of  the  inhabitants  of  Wester-  Men  ap- 
pointed to 

lye  that  some  persons  be  impowered  to  goe  thither  and  ^^y^f 
take  an  inventory  of  their  personal  estates,  this  Court  doe  lnets  estate 
see  cause  to  grant  their  request  in  that  respect,  and  to at  w*sterly" 
the  end  the  same  may  be  more  effectually  performed,  it  is 
therefore  ordered,  that  Mr.  Jireh  Bull,  Mr.  William  Hef- 
eman  and  Rouse  Helmes,  or  any  two  of  them  be  hereby 


41G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1071.  desired,  required,  and  impowered  forthwith,  to  goe  to  the 
v-^~v~^"'  said  towne  and  take  an  exact  inventory  of  the  personal  es- 
tate of  each  inhabitant,  consisting  either  of  house,  household 
stuff,  goods,  cattle,  horse  kinde,  or  any  other  chattells 
whatever,  and  to  rcturne  the  same  under  their  hands,  to 
Richard  Baily,  Secretary  to  the  Councill,  with  all  conven- 
ient expedition. 

It  is  ordered,  and  agreed,  that  the  Commission  and  in- 
ckirke'T  stmctions  to  be  given  to  our  Honored  Agent,  Mr.  John 
commission.  Qjgjj^  for  j-j^  impowering  him  on  this  Collonys  behalfe  to 
manage  this  Collonys  affairs  before  his  Majestie  in  Eng- 
land, shall  be  drawne  up  by  our  Honored  Gov'r,  and  the 
rest  of  the  Gen'll  Councill  of  this  Collony,  if  it  may  be,  or 
otherwise  by  the  Governor  and  the  rest  of  the  Gencrall 
Councill  on  Rhode  Island.  And  the  Governor  is  impow- 
ered to  signe  the  said  Commission  on  the  Collonys  be- 
halfe, and  the  seale  of  the  Collony  to  be  affixed  thereto. 

Voated,  that  a  motion  made  by  Mr.  Baulston,  and  sev- 
crall  others  for  satisfaction  for  moneys  layd  out  by  them 
by  the  Collonys  for  land,  is  referred  to  the  next  Generall 
Assembly. 

Ordered,  that  coppies  of  this  Assemblys  orders  shall  be 
given  forth  by  the  Clerke  of  this  Assembly  unto  the 
townes  of  the  Island,  by  the  3d  day  of  October  next ;  and 
for  the  other  places  and  townes  afore  mentioned,  at  or  be- 
fore the  6th  day  of  October  next ;  and  that  the  said 
Clerke  of  the  Assembly  shall  be  paid  from  each  place  for 
each  coppie,  the  sum  of  tenn  shillings. 


AXD  PROVIDENCE  PLANTATIONS.  417 

1671. 


Proceedings  of  the  General]  Assembly  held  for  the  Collony 
of  Rhode  Island  and  Providence  Plantations  at  Xeicport, 
the  2bth  of  October,  1671. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  John  Clarke,  Deputy  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  James  Barker, 
Mr.  William  Carpenter, 
Mr.  Roger  Williams. 


Mr.  Thomas  Harris, 
Mr.  William  Baulston, 
Lieut.  John  Albro, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


DEPUTIES. 


Mr.  John  Easton, 

Mr.  William  Weeden, 

Mr.  Caleb  Carr, 

Mr.  Edward  Thurston, 

Mr.  Peter  Easton, 

Lieut.  Joseph  Torrey, 

Mr.  Stephen  Arnold, 

Mr.  John  Sayles, 

Mr.  Thomas  Harris,  Jun'r, 


Mr.  Richard  Arnold, 
John  Sanford, 
Mr.  Robert  Hazard, 
Mr.  Caleb  Arnold, 
Lieut.  Francis  Brayton, 
Mr.  John  Weekes, 
Mr.  Thomas  Greene, 
Mr.  John  Potter, 
Mr.  Edmund  Calverlye, 


The  Governor  chosen  Moderator  of  this  Assembly. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

Voted,  that  the  letters  presented  by  our  Honored  Gov- 
ernor from  the  government  of  Plymouth,  be  read. 

Voted,  that  the  Governor  is  desired  to  draw  up  a  let- 
ter to  the  government  of  Plymouth,  to  signify  our  love- 
inge  acceptance  of  their  letter. 

vol.  n.  53 


418  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1GV1.      Voted,  that  a  letter  presented  by  our  Governor  from 
Connecticut,  be  read.* 


•  Letter  from  Connecticut  to  Rhode  Island. 

Hartford,  October  12,  1G71- 
Honored  Gentlemen:  Yours,  of  tho  14th  of  Juno  last,  liath  been  com- 
munieated  vnto  us,  and  although  our  Committee  hath  giuen  you  an  answer 
thereto  in  July  past,  yet  we  ourselucs  are,  willing  to  informs  you  that  weo 
see  no  cause  to  desist  from  exercising  gouerument  within  those  limits  ex- 
pressed in  our  Charter.  Neither  hauo  we  cause  to  doubt  of  his  Majesties 
continuance  of  his  gracious  protection  and  encouragement  to  us  therein, 
and  that  at  last  we  shall  be  free  from  all  those  violent  intrusions  upon  our 
rights  which  is  undoubtedly  given  to  us  from  Narragansett  Bay,  west- 
ward ;  and  we  must  tell  you  that  if  yourselues  should  cease  troubling  of 
us  and  our  people  in  our  aforesaid  rights,  you  need  not  fearo  of  being 
charged  with  foolishness  or  disloyalty  ;  and  for  those  uncharitable  reflec- 
tions you  are  pleased  to  lay  upon  us,  we  can  pass  them  by  (especially 
when  we  meet  with  them  from  those  who  are  wont  to  deal  such  things  to 
ns).  As  to  what  you  mention  of  our  submission  to  the  determination  of 
his  Majesties  Honorable  Commissioners,  March,  1GG4-G5,  &c.,  we  see  it. 
not  proucd  that  we  gauo  up  any  of  our  right  to  you  upon  their  issue,  or 
that  they  made  any  issue  declareing  you  to  haue  Charter  rights  within 
those  bounds  granted  to  us  in  our  Charter ;  and  you  may  allso  remem- 
ber that  we  had  established  gouernmcnt  at  Wickford  before  the  meet- 
ing of  tho  Commissioners,  and  though  you  haue  giuen  us  interrup- 
tion in  our  exercise  of  authority  there,  yet  wo  haue  all  waves  claymed 
right  of  gouernment  there,  and  been  excrcisoing  of  it  as  we  had  oppor- 
tunity. 

Gentlemen,  we  cannot  but  wonder  (with  yourselues)  that  you  should 
imagine  that  the  priority  of  our  grant  doth  not  evince  our  right  to  what 
we  claymc,  and  for  what  you  are  pleased  to  mention  of  our  grant  being 
arrested  by  his  Majesties  command.  And  that  assertion  of  yours  must 
needs  ariso  from  some  misinformation  you  haue  receiued  to  [be  so]  soon 
belieued ;  and  whereas,  you  mention  that  our  western  bounds  haue  not 
only  been  questioned,  but  found  beyond  right ;  you  may  remember  that, 
that  makes  for  us  in  the  case  in  controuersy  between  you  and  us.  Be- 
cause it  was  the  priority  of  former  grants  that  made  our  rights  question- 
able, you  may  reply.  As  to  your  appealeing  to  his  Majestie,  and  your 
demands  of  our  positiue  answer,  &c,  we  say  wo  doe  not  understand 
your  way,  nor  any  ground  you  hauo  from  vs  for  so  troubling  his 
Majestie. 

But  if  that  be  your  reseruo  to  decline  here  and  attempt  there,  we  hope 
we  may  be  able  in  due  season  to  meet  your  complaints  or  accusations 
with  a  just  indication  of  our  just  righteousness  and  loyalty  in  what  we 
haue  done. 

Gentlemen,  after  all  you  are  pleased  to  propose  to  a  friendly  treaty  at 
Seacunck  or  New  York,  prouided  it  might  be  before  the  10th  of  Septem- 


AND  PROVIDENCE  PLANTATIONS. 


419 


Voated,  that  the  punishment  of  Elizabeth,  the  wife  of  1671. 
Peter  Lee,  be  suspended  untill  Wednesday  next.  s^-^-^ 

Voated,  that  Mr.  John  Sayles  and  Mr.  Richard  Arnold, 
of  Providence,  shall  have  the  sum  of  eighteene  shillings 


bcr  past,  we  were  not  in  a  capacity  to  giue  you  answer  thereto  before 
now;  and  therefore,  if  you  see  cause,  we  shall  be  ready  to  attend  your 
proposall  of  a  treaty  at  Rehobotli  or  Boston,  which  we  rather  chuse,  and 
can  there  more  likely  haue  our  Governor's  presence ;  prouided  it  be  at- 
tended the  second  week  in  Nouember  next,  or  in  rill,  if  you  chuse  ; 
and  that  you  fully  impower  your  Committee  to  treat  about  and  conclude 
a  full  and  fiuall  accord  of  all  matters  in  controuersy  bstween  us  without 
any  priuate  cautions  or  restraints.  And  as  to  what  you  mention  of  our 
Gouernor  attending  the  treaty,  we  desire  it;  but  must  leaue  it  to  his 
owne  conueniency  for  a  journey  upon  such  account.  But  were  the  place 
of  meeting  not  so  remote,  you  may  assure  yourselues  he  would  be  ready 
enough  to  attend  such  a  treatie  and  cleare  such  things  as  haue  unworthyly 
been  layd  to  his  charge,  and  that  information  presented  to  his  Majestic 
was  such  as  became  a  dutifull  and  loyall  subject.  If  this  be  not  accepted, 
we  [propose]  to  giue  you  a  mutuall  refference  of  the  matters  in  contro- 
uersy unto  so  many  of  the  gentlemen  of  the  Massachusetts  and  New 
Plymouth  as  shall  be  thought  meet  by  yourselues  and  us  and  our  Com- 
mittee, who  are  to  make  choyce  accordingly.  We  desire  you  would  by 
the  bearer  hereof,  returne  a  few  lines  to  our  Secretary,  or  some  other  of 
our  Magistrates  at  Hartford,  what  we  may  take  as  your  answer  to  these 
our  proposalls.    With  our  best  respects  we  remayne.  gentlemen, 

Your  very  affectionate  ffriends, 

JOHN  ALLYN,  Sec'ry. 
In  the  name  and  by  the  order  of  the  Generall  Court  of  his  Majesties 
Collony  of  Connecticut. 

Superscribed. 

For  the  Honored  Benedict  Arnold,  Esq.,  Gouernor  of  his  Majesties 
Collony  of  Rhode  Island,  &c,  in  Newport.  To  be  communicated  to 
the  Honored  Generall  Court  or  Councill  there,  with  speed. 

A  session  of  the  Generall  Court  held  in  Hartford,  October  12, 1G71 .  In 
answer  to  the  petition  presented  by  Mr.  John  Crandall,  signed  by  Mr. 
Tobias  Sanders  in  the  behalfe  of  himselfe  and  the  rest  of  the  pecple  on 
the  east  side  of  Pawcatuck  river,  according  to  the  desire  of  those  people  ? 
as  Mr.  Crandall  affirmed  in  Court.  This  Court  returns  that  all  those 
people  on  the  east  side  of  Pawcatuck  riuer,  within  the  bounds  of  Ston- 
ington,  shall  haue  the  same  protection  for  their  persons  and  estates  as  the 
arest  of  the  people  of  this  Collony  haue,  and  as  the  law  will  affoardc  them 
and  this  Court  doth  declare,  that  according  to  their  desire  there  shall  be 
cessation  of  all  prosecutions  against  them  in  poynts  of  trialls  for  titles, 
of  land,  and  for  what  other  matters   at  present  are  past,  respecting 


Thomas 
Briges  com 
plaint. 


420  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G71.  paid  them  by  the  Gencrall  Treasurer,  because  of  their 
~-~v~"»-'stayinge  untill  the  next  sittinge  of  this  Assembly,  the  first 
of  November  next. 

The  Court  adjourned  unto  Wednesday  next,  eight  of 
the  clock  in  the  morneing  ;  it  beinge  the  first  of  Novem- 
ber next,  in  expectation  to  injoy  the  presence  of  the  Mag- 
istrates and  Deputies  from  the  maine,  their  beinge  a  mes- 
senger sent  on  purpose. 

November  1st,  1671. 
At  the  re-meeting  of  the  Assembly,  accordinge  to  the 
aforesaid  adjournment  this  1st  of  November,  1G71. 

Voated,  the  Governor  haveinge  motioned  to  the  Assem- 
bly the  complaint  by  Thomas  Brigs,  of  Prudence,  that  an 
Indian,  for  ravishinge  her,  the  said  Brigses  childe,  beinge 
sought  after  by  the  authority  of  this  Collony,  made  his 
escape  to  Quannapin  ;  and  by  the  Constable,  James  Rey- 
nolds, was  demanded,  and  Quannapin  refused  to  deliver 
the  said  Indian,  this  Assembly  at  present  doe  see  cause  to 
referr  the  debate  thereof,  and  to  resume  the  proceedings 
therein  when  the  Assistants  from  the  maine  appeare,  or 
otherwise,  before  this  Court  dissolves. 

Voated,  that  whereas,  Elizabeth,  the  wife  of  Peter  Lee, 
E^aboth   Was  at  the  last  Court  of  Tryalls,  held  October  the  18th, 

Lee  nun-  <  *  7 

for  grand  larceny,  sentenced  to  be  whipt  with  tenn  stripes, 
and  her  husband  and  her  self  having  petitioned  this  Court 


trespass  or  misdemeanor  till  the  Generall  Court  in  May  next.  Provided, 
they  doe  carry  peaceahly  in  the  meane  time,  and  duely  performe  all  that 
they  have  engaged  in  their  petition  to  this  Courte. 

[At  the  same  session  of  the  Generall  Court  of  Connecticut,  a  commit- 
tee consisting  of  John  Allyn,  James  Richards  and  Capt.  John  Winthrop, 
Capt.  John  Tallcott,  with  Samuel  Willys  as  a  substitute,  was  appointed 
to,  meet  and  treat  with  a  committee  appointed  by  Rhode  Island  "  respect- 
ing patent  bounds  and  government,  or  matters  of  injury  and  wrong." 
They  were  also  authorized  to  refer  their  differences  to  such  "  gentlemen 
of  the  Massachusetts  and  New  Plymouth  Colonies,  as  they  and  the  Rhode 
Island  committee  may  mutually  chuso,"  and  to  meet  at  Rehoboth  or 
Boston.— J.  RJB.1 


I-po  pun- 
ished. 


AND  PROVIDENCE  PLANTATIONS. 


421 


for  mercy,  and  alledginge  the  weake  and  sick  condition  of  1671. 
the  said  Elizabeth,  and  alsoe  the  Court  perceivinge  thev-»~^^-/ 
truth  of  their  alligations,  doe  see  cause  to  remit  the 
said  sentence  upon  promise  of  better  behaviour  for  the 
future. 

Voated,  whereas,  Thomas  Jennings,  hath  been  impow- Thos.  jen- 

-r\  ^  ttt        nings  w»ges 

ered  by  this  Assembly  to  goe  to  Providence,  and  War-  to  be  paid, 
wicke,  and  he  havinge  been  six  dayes  on  that  service,  and 
the  said  Jennings  for  the  said  services  havinge  received 
twenty  shillings  from  the  Governor,  and  two  shillings, 
nine  pence  from  Lieut.  Francis  Brayton,  this  Assembly 
doe  order,  that  the  Governor  and  Lieut.  Brayton  shall  be 
repaid  the  said  sum  by  the  Generall  Treasurer. 

Voated,  the  Governor  is  desired  to  draw  the  answer  to 
the  letter  from  Connecticut,  and  present  it  to  this  Assem- 
bly, for  their  approbation. 

Voated,  that  Lieut.  Joseph  Torrey,  is  desired  to  be  theism.  j0- 
person  from  this  Court,  to  the  Governor  of  Connecticut,  to  carry  a 

*  *  '  letter  to 

and  if  possible  returne  their  answer,  ponuectiput 

And  it  is  ordered,  that  the  said  Lieut.  Torrey  shall 
have  the  sum  of  three  pounds  in  silver,  delivered  him  by 
the  Generall  Treasurer,  forthwith,  and  upon  his  returne, 
if  that  sum  be  not  sufficient,  to  satisfy  the  said  Lieut. 
Torrey  his  expenses  in  that  journey,  that  then  upon  his 
address  to  the  Governor  and  Deputy  Governor,  he  shall 
from  them  have  order  to  receive  from  the  Generall  Treas- 
urer what  may  appear  further  due  for  his  journey  afore- 
said. 

Letter  from  Rhode  Island  to  Connecticut. 

Newport,  November  4,  1671. 
Honored  and  respected  Gentlemen  :  Yours,  bearinge 
date  October  12,  1671,  came  to  our  hands  inclosed  in  a 
letter  from  Mr.  Jireh  Bull,  Conservator  of  the  Peace, 
at  Pettacomscutt,  in  the  Kings  Province,  &c,  dated  Octo- 
ber 26,  sent  by  an  Indian  ;  but  for  that  bearer,  by  whome 
you  delivered  the  answer.    Here  came  noe  such  person, 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

nor  know  woe  who  it  was,  being  you  name  him  not ;  and 
therefore  could  not  send  the  answer  by  such.  And  why 
or  how  the  letter  was  soe  long  a  cominge  to  Pettacom- 
scutt,  even  four  days,  wee  cannot  but  wonder  ;  save  as 
wee  may  suppose  it  was  misdated  ;  but  to  ovcrlooke  that, 
and  not  to  insist  upon  the  gratcinge  expressions  therein, 
beinge  soe  frequently  sent  us,  instead  of  solid  reason  ; 
and  under  pretence  of  rcprovinge  the  licke,  pretended  to 
be  used  by  us,  of  which  we  are  not  conscious.  Butt  on 
the  contrary,  have  indcavoured  to  offer  reasonable  propos- 
als, as  our  letters  will  bee  construed  by  indifferent  read- 
ers. Wee  shall  by  way  of  answer  to  your  letter  above- 
said  (for  wee  received  none  from  your  Committee  since 
ours  of  June  14th),  wee  say  in  answer  to  your  motions  or 
returnes  for  a  treaty  at  Boston  or  Rehoboth  (you  waveinge 
New  Yorke).  Wee  are  willinge  to  joyne  with  you,  to 
witt :  to  meet  and  treat  at  Rehoboth  ;  not  doubtinge  of 
convenient  entertainment  there  to  be  procured.  And  as 
for  the  times  you  prefixe,  necessity  compells  us  to  consent 
to  the  latter,  viz.  Aprill  next ;  although  wee  had  much 
rather  attended  it  the  second  weeke  of  the  month,  had 
wee  received  such  timely  notice  by  a  certaine  bearer, 
by  whome  it  had  been  possible  to  have  returned  answer 
timely  enough  to  have  accommodated  that  matter,  which 
otherwise  could  not  bee. 

And  as  for  the  third  pertickular,  to  witt :  a  plenepoten- 
tiary  commission  to  the  persons  commissionated  to  treat 
with  yours.  You  had  a  full  account  of  that  point  in  our 
last,  of  June  14th,  abovesaid  ;  wherein  wee  ingaged  to 
invest  them  with  as  full  power  in  that  respect  as  his  Maj- 
estic hath  invested  us  withall  ;  and  further,  you  may  not 
expect.  And  therefore,  to  be  plaine  and  cleere,  in  few 
words,  wee  must  tell  you,  that  wee  have  noe  power  to  al- 
ter, change,  or  give  away  any  part  of  the  bounds  pre- 
scribed and  settled  by  his  Majcstie  in  his  gracious  letters 
Pattents  for  us  to  exercise  jurisdiction  in,  soe  that  to  treat 
on  that  account,  will  prove  labour  in  vaine,  as  you  by 


AND  PROVIDENCE  PLANTATIONS. 

former  experience  by  letters,  treatys,  and  letters  againe,  16 
have  beene  abundantly  given  to  vnderstand.    But  if  your^-^" 
aimes  were,  or  are,  that  differences  about  lands  lyinge  in 
the  King's  Province,  might  be  issued  by  friendly  compos- 
ures amongst  the  pretenders  thereabout  differinge  (if  any 
such  appeare),  as  it  is  very  lickly  that  claimes  of  interest 
is  the  cause  of  striveinge  to  wrest  the  jurisdiction  out  of 
our  hands.    Wee  shall,  as  farr  as  it  concerneth  this  Collo- 
ny  in  generall,  be  very  free  to  impower  our  Committee 
fully  to  decide  the  differences  about  interest  in  land,  by  a 
mataall  composinge  the  same  with  yours  ;  as  alsoe  to  per- 
swade  pertickular  persons  soe  to  doe,  or  to  putt  such  dif- 
ferences to  indifferent  persons  of  the  Collonys  you  name, 
and  of  New  Yorke,  &c,  to  determine  therein.    And  if 
this  motion  be  accepted,  and  that  wee  may  have  your 
present  and  positive  answer  that  soe  you  doe  accept  it,  it 
may  happily  prevent  our  complaint  to  his  Majestie,  &c, 
upon  yours,  fforbearinge  to  force  your  way  by  exercisinge 
jurisdiction  on  the  east  side  of  Pawcatuck,  alias  Narra- 
gansett  river.    And  therefore  request  and  expect  your 
answer,  by  Lieut.  Torrey,  whome  wee  send  on  purpose  to 
bringe  it ;  wherein  you  appointinge  alsoe,  a  certaine  day 
in  Aprill  next,  for  the  said  proposed  treaty  at  Rehoboth, 
ours  shall  be  ready,  with  the  help  of  the  Lord,  then  and 
there  to  attend  yours  ;  beinge  hopefull  it  may  be  the 
meanes  to  issue  the  differences  in  love  and  peace.  Which, 
that  it  may  be,  it  is,  honored  friends,  the  unfaigned  de- 
sire off  your  ffriends  and  neighbours,  the  Generall 
Assembly  of  his  Majesties  Collony  of 
Rhode  Island  and  Providence  Plan- 
tations, now  sittinge.   Signed  by  their 
order.  Per  JOHN  SANFOPJ), 

Clerke  of  the  Assembly. 
To  the  much  Honored  John  Winthrop,  Esq.,  Governor 
of  his  Majesties  Collony  of  Connecticut,  and  to  the 
Honored  Councill.    Or  to  the  Honored  Mr.  John 
Allyn,  Assistant  and  Secretary,  to  be  communicated 


424 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.         to  the  rest  of  the  Honored  Committee  appointed  to 
v-^-v-**-'        that  end  by  the  Generall  Assistants,  to  receive  and 
to  answer  letters  of  public  concernment.* 

Per  Lieut.  JOSEPH  TORREY,  R.  D.  G. 

Voated,  the  Assembly  havingc  ordered  the  letter  afore- 
commis-    said,  to  be  sent  to  Connecticut,  and  theren  given  them  to 

►  ion  to  meet 

nec'iou""  understand  that  some  persons  fully  impowered  by  this 
Jione«sat   Court,  shall  with  the  Lord's  assistance,  meet  at  Reho- 

Kchoboth. 

*  Letter  from  the  Connecticut  Committee  to  Rhode  Island. 

Hartford,  November  15th,  1G71. 
Honored  and  beloucd  Gentlemen  :  Yours,  dated  the  4th  of  this  instant, 
by  Lieut.  Torrey,  we  haue  reeeiued,  whereby  we  understand  that  ours  of 
October  last,  had  a  long  passage  to  yourselues  (we  shall  inquire  into  the 
reason  thereof) ;  whereby  we,  as  well  as  yourselues,  are  disappointed  of 
an  opportunity  of  meeting  this  moneth  to  treat  about  those  differences 
that  haue  been  too  long  depending  between  yourselues  and  us,  whicli  we 
are  desirous  may  recciue  an  equall  and  speedy  issue.  And  indeed  yours 
now  comes  to  us  but  in  an  ill  time,  by  reason  of  the  absence  of  our  Gou- 
ernor  and  some  of  our  Assistants  who  (by  reason  of  Lieut.  Torreys 
haste,  whoe  assures  us  he  will  stay  noe  longer  than  the  morrow  for  our 
answer)  cannot  in  so  short  a  time  be  called  together  to  giue  so  full  an 
answer  to  yours  as  might  be  requisit.  Therefore,  all  that  at  present  wo 
can  say  is,  that  at  the  return  of  our  Gouernor  from  Boston  (which  we  ex- 
pect dayly),  we  shall  moue  him  to  call  the  Councill  together  to  consider 
farther  of  what  you  haue  now  writt  unto  us  ;  and  you  need  not  doubt  but 
you  shall  receiuo  such  a  tfmely  answer  thereto,  as  may  be  to  your  just 
satisfaction ;  and  that  before  Aprill,  the  time  you  prefix  for  our  meeting 
with  you  in  Rehoboth. 

Gentlemen  :  it  is  not  pleasing  to  us  to  be  at  variance  with  any  of  our 
neighbour  Collonyes,  and  we  heartily  desire  an  issue  of  whatsoeuer  ob- 
structs our  good  neighborhood;  and  shall  be  ready  to  attend  any  just  and 
righteous  wayes  that  may  guide  and  leade  us  thereto,  and  we  shall  en- 
deauour  to  approue  ourselues  that  wo  are,  gentlemen, 

Your  loueing  friends  and  neighbours, 

SAMUELL  WILLYS, 
JOHN  TALLCOTT, 
JOHN  ALLYN, 
JAMES  RICHARDS, 
Assistants  of  his  Majesties  Collony  of  Connecticutt,  New  England. 
Superscribed. 

These  for  the  much  Honored  Benedict  Arnold,  Esq'r,  Gouernor  of  his 
Majesties  Collony  of  Rhode  Island,  &c,  in  Newport,  d.  d.  To  be 
communicated  to  the  Honored  Generall  Assembly  or  Councill  of  that 
Collony.  Per  Lieutenant  JOSEPH  TORREY,  Q.  D.  G. 


4-ND  PROVIDENCE  PLA2CTATION5 


425 


both,  AprilVnext,  and  treate  with  their  Commis&meis  soe  1671. 
impowered  by  the  said  Collony  of  Connectieutt  ;  and  if  v^v-^. 
it  may  be,  to  make  a  full  accord  and  agreement  of  all  dif- 
ferences arisen  concerning  interest  or  claime  of  interest  in 
lands  in  the  King's  Province,  soe  farr  as  it  may  concerne 
the  Collony  in  generall;  as  alsoe  to  endeavor  to  perswade 
pertickular  persons  differinge  about  such  claimes  and  in- 
terest in  the  said  lands  to  compose  the  same  ;  or  in  case 
such  composure  cannot  be  made,  then  that  the  persons 
impowered,  may  in  the  Collonys  behalfe  referr  the  same 
to  such  indifferent  persons  as  they  shall  see  cause  to  be- 
trust  to  compromise  the  said  differences.  As  also  to  en- 
deavor to  perswade  pertickular  persons  differinge  about 
those  or  any  of  those  lands  to  doe  the  licke. 

It  is  by  this  Assembly  ordered  and  declared,  that  our 
Honored  Benedict  Arnold,  Governor,  John  Clarke,  Deputy 
Governor,  Capt.  John  Cranston,  Assistant,  Capt.  John 
Greene,  Assistant,  and  Lieut.  Joseph  Torrey,  Generall 
Atturney,  or  any  fower  or  three  of  them,  are  the  persons 
impowered  to  meet,  treat  and  make  a  full  and  fynall  ac- 
cord in  and  concerninge  the  premises  (as  farr  as  they 
cann).  and  what  by  them  or  any  fower  or  three  of  them 
shall  be  agreed  unto  with  Connectieutt  Commissioners  in 
the  case  aforesaid,  and  given  under  their  hands  and  seales, 
shall  be  as  authentick  to  all  intents  and  purposes  as  if  done 
by  the  whole  Assembly.  And  a  coppie  of  this  act,  under 
the  Generall  Recorders  hand,  with  the  seale  of  the  Collcny 
thereunto  affixed,  shall  be  their  full  commission  to  act  in 
the  premises,  and  to  compose  any  other  differences  be- 
tweene  the  two  Collonys,  saveinge  only  they  are  not  to 
alter  the  bounds  mentioned  in  our  Charter  voted. 

Letter  from  Rhode  Island  to  Plymouth. 

Newport,  November  2,  1671. 
These  are  to  give  you  to  understand  that  your  loveinge 
and  well  come  lines  both  of  September  14th  and  29th  last 
vol.  ii.  54 


426 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  past,  hath  been  communicated  unto  us  by  our  Honored 
-»^^-/  Governor,  &c,  the  contents  of  both  beinge  very  much 
oblidginge,  and  doth  indeed  move  us  to  be  thankf'ull  unto 
the  Most  High  for  preserveinge  us  yett  in  peace,  and  di- 
vertinge  the  cloud  which  he  was  pleased  to  lett  hang  over 
the  country,  threatninge  a  storme  of  warr,  or  the  sad  ef- 
fects that  attend  thereupon,  as  massacreinge,  and  destroy- 
inge  persons  and  estates,  which  would  inevitably  have 
followed  upon  an  absolute  breach  with  the  natives,  as  wee 
were  well  aware  of;  and  it  exercised  our  mindes  and  putt 
us  upon  labour  and  charge  to  withstand  or  prevent  it. 
Neither  cann  we,  but  together  with  you,  acknowledge  the 
goodness  of  the  Lord  in  soe  mercifully  spareinge  the  coun- 
try. We  alsoe  acknowledge  your  prudent  and  patient  pro- 
ceedings in  that  matter,  and  your  candid  respect  and  great 
affection  expressed  unto  us,  in  givinge  us  seasonable  infor- 
mation of  your  apprehensions,  resolutions  and  conclusions 
had,  taken  and  made  concerninge  those  matters.  And 
you  may  assure  your  selves,  that  you  may  expect  from  us 
as  occasion  shall  require  it,  such  demonstrations  of  our 
love  and  duty  to  your  selves,  as  is  becominge  us,  not  only 
as  wee  are  English  subjects,  to  one  and  the  same  King  ; 
but  also  as  neighbours  and  ffreinds  very  neerly  obliged  to 
love  and  serve  your  Honors  in  all  sincerity.  And  it  is 
not  a  little  grievous  unto  us,  that  wee  cannot  procure  the 
licke  cause  from  our  Honored  the  Collony  of  Connecticutt, 
from  whome  wee  mett  with  very  hard,  harsh  and  vndesira- 
ble  passages  which  we  would  be  glad  they  would  forbeare, 
Butt  they  are  putt  upon  it  by  the  ambition  and  covet- 
eousness  of  some  few.  And  surely,  it  presseth  upon  us 
very  much  to  complaine  to  our  Soveraigne  for  releife, 
which  if  wee  bee  forced  to  doe,  it  is  not  difficult  to  con- 
clude what  issue  it  may  produce  ouer  the  whole  country. 
Butt  were  it  possible  to  prevent  such  an  issue  without 
evident  ruin  to  our  selves,  &c.?   wee  should  willingly 


AND  PROVIDENCE  PLANTATIONS. 


427 


adheare  to  such  advice  as  might  tend  unto  the  peace  and  1671. 
safety  of  the  whole. 

Butt  not  further  to  trouble  your  Honors  at  present,  wee 
rest.  Your  very  affectionate  friends  and  neigh- 
bours, the  Generall  Assembly  of  his 
Majesties  Collony  of  Rhode  Island 
and  Providence  Plantations,  convened. 
October  25,  1671.  Signed,  by  order 
of  the  said  Assembly. 

Per  JOHN  SANFORD,  Clerke. 
To  the  Right  Worshipfull  Thomas  Prence,  Esq.,  Gov- 
ernor of  his  Majesties  Collony  of  New  Plymouth,  to 
be  communicated  to  the  rest  of  the  Honored  Councill 
and  Generall  Court  there.    These  present  with  care. 
Postscript.    Honored  fFriends  :  There  is  an  Indian  live- 
inge  at  or  neere  Pocassitt  fferry,  in  your  jurisdiction,  who 
hath  broken  prison  here,  beinge  committed  for  force  offered 
to  Martha,  the  wife  of  Edward  Lay.    His  name  is  by  the 
Indians  called  Quashcombe,  and  by  the  English  John. 
Wee  earnestly  desire  your  honored  government,  or  other 
of  the  Magistrates,  to  give  warrant  to  some  of  your  officers 
there,  to  apprehend  the  said  Indian,  and  cause  him  to  be 
brought  in  to  this  Collony,  before  some  Magistrate  at 
Portsmouth  or  Newport,  &c.  ;  the  charge  whereof,  wee 
shall  defray  and  be  ready  to  doe  you  the  licke  office  of 
love,  as  occasion  may  present. 

Voted,  whereas  at  the  last  Generall  Assembly,  held  rCa0tes?rniBS 
September  25th,  a  rate  was  levied  and  assessed  on  the 
severall  townes  and  places  in  this  Collony  to  be  paid  to 
the  Generall  Treasurer,  as  in  the  said  Courts  orders  more 
fully  doth  appeere. 

And  whereas,  there  are  noe  returnes  from  the  townes 
of  Providence  and  Warwicke,  and  the  other  places  on  the 
maine,  nor  from  Block  Island,  to  the  Generall  Treasurer, 
accordinge  to  the  contents  of  the  orders  of  the  said  Court. 

And  whereas,  in  those  orders  severall  persons  in  the 


428 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1671.  said  two  townes  .and  places  were  empowered  to  make  and 
levie  a  rate  on  the  inhabitants  of  the  said  townes  and 
places,  accordinge  as  it  was  by  that  Assembly  assessed  on 
such  place  ;  and  some  of  them  alleadginge  that  the  orders 
of  that  Court  came  not  timely  to  their  hands  :  now  it  is 
ordered,  that  the  power  of  the  said  Assembly  of  Septem- 
ber 25th,  committed  to  the  severall  persons  in  each  the 
said  two  townes  and  places,  is  still  continued  unto  them. 
And  they  are  hereby  authorised  to  proceed  in  that  com- 
mission by  the  said  Assembly  committed  to  them,  and 
under  the  same  pennalty  in  case  they  neglect  as  is  therein 
expressed  ;  and  the  said  rates  (from  each  the  said  townes 
and  places,  viz.:  Providence,  Warwicke,  Meshantatat, 
the  inhabitants  liveinge  between  Warwicke  bounds  and 
Petacomscutt,  the  inhabitants  are  the  proprietors  of  Peta- 
comscutt  and  Block  Island),  and  under  their  hands  returne 
the  same  unto  the  Generall  Treasurer,  at  or  before  the  24th 
day  of  this  instant  November.  And  that  the  severall  sums 
are  to  be  brought  in  to  the  Generall  Treasurer  at  or  be- 
fore the  10th  of  December  next,  according  to  the  order  of 
the  aforesaid  Assembly  in  September  last. 

Voated,  that  a  warrant  be  given  forth  from  this  Assem- 
serjeant  "  Dty  ^°  the  Generall  Serjeant,  to  impower  him  as  High 
Hinh  von-  Constable,  to  goe  to  Narragansett  and  apprehend  theln- 
apprehend  dian  by  the  English,  called  Conn,  who  is  accused  for 

thr  Indian  J  ~  ' 

conn.  committing  a  rape  on  the  child  of  Thomas  Brigs,  of  Pru- 
dence ;  and  the  warrant  to  be  signed  by  the  Clerke  of 
this  Assembly. 

It  is  ordered,  that  the  Clerke  of  this  Assembly  shall 
send  forth  coppies  of  this  Court  orders  to  the  two  townes 
and  places  aforesaid,  under  the  seale  of  the  Collony,  soe 
as  they  may  come  to  each  before  or  on  the  14th  day  of 
this  instant  November. 

Voated,  that  the  Clerke  of  this  Assembly  shall  have  six 
shillings,  eight  pence  from  each  towne  and  place,  for 
copies  of  this  Court  orders  afore  ordered,  and  exprest  to 
be  sent  forth. 


AND  PROVIDENCE  PLANTATIONS. 


Voated,  that  this  Assembly  is  adjourned  untill  the  16 
28th  day  of  this  instant  November  ;  and  this  to  assemble*-^ 
againe,  provided  there  be  nothinge  from  the  Governor  to 
the  severall  townes,  to  signify  to  the  contrary  hereof. 


Acts,  Orders  and  Proceedings  of  His  Majesties  Court  of 
Justices  sitting  att  Newport,  in  His  Majesties  Colony  of 
Rhode  Island  and  Providence  Plantations,  fyc,  ffebruary 
24/A,  1671-2. 

Ordered,  that  Thomas  Ward,  Constable  of  Newport, 
doe  forthwith  giue  notice  to  Leonard  Smith,  Constable  of 
Providence,  to  bring  William  Harris,  who  is  in  his  custo- 
dy, before  the  Councill,  forthwith. 

Mr.  Harris,  being  before  the  Councill,  and  the  testimo- 
nies of  Mr.  Roger  Williams  and  Phillip  Tabor  being  read 
to  him,  hee  said  hee  did  disown  the  matters  therein  wit- 
nessed against  him,  but  delivered  in  his  paper. 

Ordered,  that  the  said  William  Harris  bee  committed 
to  prison  without  baile  or  mainprise. 

To  James  Rogers,  Sheriffe  of  his  Majesties  Collony  of 
Rhode  Island  and  Providence  Plantations,  &c,  or 
his  Deputy  or  Deputies  : 

You  are  hereby  in  his  Majesties  name,  required  to  take 
into  your  custody  and  safety,  and  strictly  to  keepe  in  his 
Majesties  prison  in  the  towne  of  Newport,  the  body  of 
William  Harris,  of  Providence,  soe  that  you  may  haue 
him  at  the  next  Generall  Court  of  Tryalls  to  bee  held 
for  this  his  Majesties  Collony  att  Newport,  aforesaid, 
in  May  next  ;  then  and  there  to  answear  such  indict- 
ment or  indictments,  as  shall  bee  preferred  against  him 
for  speakeing  and  writeing  against  his  Majesties  gracious 
Charter  granted  to  his  Collony,  very  much  to  the  dishonor 


430 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1672.  of  our  Sovcraigne  Lord,  the  King  ;  and  subverting  the 
-s*-v-w/  Government  there  established. 

Given  under  our  hands  the  24th  day  of  ITebruary,  in  the 
four  and  twentieth  yeare  of  the  reigne  of  our  Sov- 
eraigne  Lord,  the  King  of  England,  &c.,  Anno 
Domini,  1C71.  BENEDICT  ARNOLD,  Gov'r. 

JOHN  CLARKE,  Dep'ty  Gov'r, 
JOHN  CRANSTON,  Assistant, 
JOHN  COGGESHALL,  " 
JAMES  BARKER, 
ROGER  WILLIAMS, 
JOHN  ALBRO, 
JOHN  GREENE, 
BENJAMIN  SMITH, 
Ordered,  that  in  consideration  of  the  many  weighty  af- 
faires that  doe  emerge,  which  require  the  most  serious 
advice,  therefore  the  Generall  Assembly  bee  convened  to 
sitt  att  Newport,  on  the  ffirst  Tuesday  in  March  next. 

Ordered,  that  the  persons  that  brought  downe  William 
Harris,  that  is  to  say,  the  Constable  and  his  aide  ;  and 
also  the  boateman  shall  bee  paid  out  of  the  Generall 
Treasury. 


AND  PROVIDENCE  PLANTATIONS. 


431 


1672. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, March  the  5th,  1671-2. 

Mr.  Benedict,  Arnold,  Governor. 
Mr.  John  Clarke,  Deputye  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  James  Barker, 
Mr.  William  Carpenter, 
Mr.  Roger  Williams, 


Mr.  Thomas  Harris, 
Mr.  William  Baulston, 
Left.  John  Albro, 
Capt.  John  Greene. 
Mr.  Benjamin  Smith, 


DEPUTIES. 


For  Newport. 
Mr.  John  Easton, 
Mr.  Joseph  Clarke, 
Mr.  Caleb  Carr, 
Lieut.  Joseph  Torrey, 
Mr.  Richard  Baily, 
Serj't  William  Weeden, 

For  Providence. 
Mr.  Stephen  Arnold, 
Mr.  John  Throckmorton, 
Mr.  Thomas  Clemance, 


Mr.  Thomas  Roberts, 

For  Portsmouth. 
John  Sanford, 
Mr.  Joshua  Coggeshall, 
Mr.  George  Lawton, 
Mr.  Thomas  Cornell, 

For  Warwicke. 
Mr.  Job  Almy, 
Mr.  John  Warner, 
Mr.  Amos  Westcott, 
Mr.  Samuell  Stafford. 


The  Governor  chosen  Moderator. 

Richard  Baily  chosen  Clerke  of  the  Assembly  duringe 
the  absence  of  the  Recorder. 

Ordered,  that  the  letter  sent  by  the  last  Generall  Asr 


432 


RECORDS  OF  TUE  COLONY  OF  RHODE  ISLAND, 


1C72.  scmbly  of  this  Collony  to  the  Collony  of  Connecticut,  and 
^^r?  their  answer  thereto  be  read  in  this  Assembly.* 

The  Recorder  beinge  present  in  Court,  the  Court  pro- 


*  Letter- from  Connecticut  to  Rhode  Island. 

Hartford,  January  2'j,  1G71  (1772). 
Honored  Gentlemen:  Yours,  of  Nruomber  4th,  last,  wo  lame  now  pe- 
rused: and  though  we  haae  not  yet  hud  opportunity  to  make  inqniry 
into  the  reason  of  the  delay  of  our  letter  to  you,  yet  wo  assure  you  it  was 
positiuely  contrary  to  the  strict  care  taken  l>y  the  General]  Court  for  its 
speedy  convayance.  And  as  to  the  form  of  your  letter  in  general!,  wo 
say  (whatcuer  are  your  conseptions  of  our  millions  to  you  ward,  together 
with  the  low  opinion  you  hauo  of  our  reasons),  we  liauo  faithfully  iudea- 
uoured  a  loueing  and  neighbourly  oomplyance ;  and  to  that  end,  haue 
sent  persons  fully  impowered  to  make  a  full  settlement  of  all  matters  eon- 
trouerted  between  vs.  Hut  what  delay ee,  and  with  what  limitations 
yours  have  bin  attended,  the  total!  frustration  of  the  intent  of  such  trea- 
tys  will  easily  appeare.  Hut  in  this  last  returne  of  yours  (wherein  you 
say  you  deale  plainly),  wo  must  needs  say,  if  in  your  former  you  had 
dealt  as  plainly,  we  should  neuer  haue  giuen  ourselues  the  labor  and 
trouble  we  haue  had  on  that  account.  And  now  indeed  we  cannot  but 
see  you  neuer  intended  any  composure  or  complyauce  in  the  thing  in 
controuersy;  for  pertickular  propriety  was  neuer  the  thing  controuerted 
about,  but  jurisdiction  right  (for  who  knowes  but  that  the  determination 
of  controuersyes  touching  pcrtieular  proprietyes  belongs  properly  to 
them  within  whose  jurisdiction  it  is).  And  therefore  wo  easily  concurr 
with  yourselues  that  such  a  meeting  (namely merel y  to  treat  about  per- 
ticular  proprietyes)  will  be  (indeed)  labor  in  vaine,  we  are  as  vnwilling 
as  yourselues  to  spend  time  to  noe  purpose  and  judge  it  freuitless  on 
the  tearmes  you  mention,  for  ours  to  giue  any  attendance  at  Uehoboth, 
vnless  on  both  sides  the  Commissioners  are  impowered  to  treat  aboute 
and  conclude  vpon  the  matter  in  controuercy.  And  though  we  shall  not 
here  make  proclamation  of  the  positiueness  of  our  resolues,  &c,  yet  wee 
cannot  but  returne  in  your  own  words  that  we  as  much  wonder  how  you 
can  imagine  we  can  giue  away  any  part  of  what  his  Majesty  hath  granted 
vs  before  any  patents  of  yours,  and  according  as  We  intend  to  goe  on  in 
attendance  of  our  duty,  as  not  being  at  all  amused  by  your  threatened 
complaints.  But  we  arc  not  willing  to  insist  upon  this  subject,  and 
therefore  shall  leaue  it  to  your  serious  consideration,  hopeing  you  will 
see  cause  to  forbeare  any  farther  interrupting  of  us  in  our  just  rights  ; 
which  will  engage  us  to  remayne  your  loueing  neighbours  and  friends, 
the  Councill  of  Connecticutt.    Signed  by  their  order,  per  me, 

JOHN  ALLYN,  Sec'ry. 

Superscribed. 

To  the  Honored  Benedict  Arnold,  Esq.,  Goucrnor  of  his  Majesties 
Colony  of  Rhode  Island,  &c,  to  be  communicated  to  the  Honored 
Councill  or  Generall  Assembly. 


ceeded  to  a  new  election  of  the  Clerke,  and  the  Recorder  167 
was  chosen  Gierke. 

Voted,  this  Assembly  haveinge  had  long  and  serious 
debates  concerninge  the  differences  between  this  Collony 
and  the  Collony  of  Connecticut,  for  their  exerciseinge  and 
claiminge  jurisdiction  and  government  within  the  limitts 
of  our  Charter ;  do  conceive  the  most  absolute  way  is,  to 
make  their  humble  aplycation  unto  his  Majestic.  And  to 
that  end,  doe  order,  that  an  agent  or  agents  bee  appointed 
and  empowered  in  the  Collonys  behalfe,  to  mannage  their 
appeale  before  his  Majestie,  in  England. 

Voted,  and  in  this  Assembly  unanimously  agreed,  that 
our  Honoured  Deputy  Governor,  John  Clarke,  is  desired 
to  be  the  person  for  the  Collonys  agent,  to  goe  to  England, 
and  mannage  our  appeale  to  his  Majestie  against  the  Col- 
lony of  Connecticuts  violent  and  illegall  intrusion?. 

Voted,  this  Assembly  havinge  seariously  debated  the 
matters  in  difference  between  Connecticut  and  this  Collo- 
ny, and  there  beinge  soe  small  appearance  of  the  Deputies 
of  Providence  and  Warwieke,  this  Assembly  doe  desire 
that  there  may  be  a  more  full  and  absolute  concurrence  of 
the  said  two  townes  in  their  representatives.  And  there- 
fore at  present,  doe  see  cause  to  dissolve  ;  desiringe  and 
adviseinge  the  Governor  that  an  Assembly  be  suddainly 
called  to  sitt  at  Newport,  where  it  is  hopefully  expected 
a  more  full  Assembly  may  be,  to  consider  of  and  order  the 
affaires  of  this  Collony  in  respect  to  the  mannageinent  of 
our  said  appeale  vnto  his  Majestie.  And  in  order  there- 
unto, the  Assembly  doe  dissolve. 

55 


434  RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 

1G72. 


Proceedings  of  the  Gencrall  Assembly  of  the  Collonij  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  2d  of  Aprill,  1G72. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  John  Clarke,  Deputy  Governor. 

ASSISTANTS. 

Capt.  John  Cranston,  Mr.  Thomas  Harris, 

Mr.  John  Coggeshall,  Mr.  William  Baulston, 

Mr.  James  Barker,  Lieut.  John  Albro, 

Mr.  William  Carpenter,       Capt.  John  Greene, 
Mr.  Roger  Williams,  Mr.  Benjamin  Smith. 

DEPUTIES. 

•  Mr.  John  Easton,  Mr.  John  Sanford, 

Mr.  Joseph  Clarke,  Mr.  John  Tripp, 

Mr.  Caleb  Carr,  Mr.  George  Lawton, 

Lieut.  Joseph  Torrey,  Mr.  Thomas  Cornell, 

Mr.  Richard  Bailey,  Mr.  John  Weekes, 

Mr.  Walter  Clarke,  Capt.  Randall  Howldon, 

Mr.  Stephen  Arnold,  Mr.  Richard  Carder, 

Mr.  Thomas  Olney,  Jun'r,  Mr.  Walter  Todd, 

Mr.  Ephraim  Carpenter,  Mr.  Tobias  Sanders, 

Mr.  John  Whipple,  Mr.  Shuball  Painter. 

The  Governor  chosen  Moderator  of  this  Assembly. 

The  Recorder,  John  Sanford,  chosen  Clerke. 

Voted,  this  Assembly  being  very  sensible  that  the  pre- 
ceding Assembly  were  constrained  to  dissolve  by  reason 
of  the  non-appearance  of  Deputies  from  the  townes  of 
Providence  and  Warwiokc,  and  the  towne  of  Providence 


AND  PROVIDENCE  PLANTATION'S. 


435 


haveinge  chosen  certaine  persons  for  their  Deputies  in  1672. 
their  towne  meeting,  hel.l  the  15th  of  Mareh,  last ;  and  v~-^""^' 
beinge  afterwards  informed  that  the  persons  chosen  in  thejj"^!^ 
said  meetinge,  beinge  pertickularlj  inquired  of  by  the^^" 
Towne  Serjeant  of  the  said  towne,  whither  or  noe  they 
could  attend  this  present  Court,  answered  they  could  not. 
Whereupon  the  said  towne,  out  of  their  great  care  to  have 
their  Deputies  present  in  that  Assembly,  at  this  juncture 
of  affaires,  when  there  are  soe  many  attempts  to  make 
voyd  his  Majesties  gracious  Charter  to  us  granted,  were 
constrained  in  their  towne  meetinge,  held  the  25th  of 
March  last  to  proceed  to  a  new  election  of  persons  for 
Deputies  in  the  place  of  those  soe  denyinge.    This  As- 
sembly doe  therefore  declare,  that  the  persons  chosen  in 
the  said  towne  meetinge  held  the  said  25th  of  March,  are 
the  Deputies  for  the  said  towne  of  Providence,  to  sitt  and 
transact  in  this  Assembly. 

Voted,  that  a  paper  presented  by  Mr.  Waiter  Clarke  to 
the  Governor,  signed  "William  Harris,  shall  be  read. 

Voted,  that  the  said  paper  being  read  in  Court,  and  on 
perusall  thereof,  it  not  beinge  directed  to  this  Assembly  in 
those  words  which  his  Majestie  in  his  gracious  Charter 
hath  been  pleased  to  give  the  title  unto  this  Corporation, 
namely  :  his  Majesties  Collony  of  Rhode  Island  and  Provi- 
dence Plantations,  kc.  Therefore,  the  Assembly  cannot 
take  cognizance  of  the  said  paper,  or  any  other,  except  it 
be  directed  in  these  words,  viz. :  Tor  the  Generall  Assem- 
bly of  his  Majesties  Collony  of  Rhode  Island  and  Provi- 
dence Plantations,  &c. 

Voted,  that  whereas,  upon  the  serious  consideration  of 
the  intrusions  of  Connecticut  Collony  upon  this  jurisdic- 
tion, it  hath  been  by  former  Generall  Assemblys  declared 
that  the  best  means  that  c-ann  be  used  for  remedying  the 
same,  will  and  shall  be,  by  sending  an  Agent  or  Agents 
to  mannage  this  Collonys  appeale  before  his .  Majestie  in 
England,  against  the  said  intruders,  and  that  suitable 
supply  be  allowed  for  defrayinge  the  charge  of  the  said 


430 


RECORDS  OF  THE'  COLONY  OF  RHODE  ISLAND, 


1072. 


Mr.  John 
Clarke  ap- 
pointed 
Agent  to 

England. 


Orders  for 
raising 
money 
revised. 


appeale,  &c,  which  said  supply  and  the  way  to  raise  it, 
beinge  referred  by  the  last  Assembly  unto  the  present  As- 
sembly in  regard  thereto,  there  was  soe  small  or  noe  ap- 
pearance of  the  Deputies  from  the  townes  on  the  mainc  in 
that  Court.  And  seeing  now  a  fuller  appearance  from 
thence  in  this  present  Assembly,  and  havcingc  in  this  As- 
sembly fully  debated  the  said  matter :  the  Assembly  doe 
fully  agree  unto  the  determinations  of  the  former  Assem- 
bly's, to  wit,  that  they  doe  send  and  ought  to  send  an 
Agent  or  Agents  to  mannage  their  appeale  as  aforesaid, 
and  that  suitable  supply  shall  be  raised  and  expended  to 
beare  the  charge  thereof. 

Voted  and  declared  by  this  Assembly,  that  our  Honored 
Deputy  Governor,  Mr.  John  Clarke,  be  this  Collonys 
Agent  to  mannage  our  appeale  to  his  Majesty  in  England, 
against  the  violent  intrusions  of  Connecticut  Collony  ;  it 
haveinge  also  by  former  Assemblys  been  thought  and  or- 
dered to  be  convenient. 

Voted,  it  is  ordered  by  this  Assembly,  for  the  raisin-ge 
of  money  for  the  supply  of  our  Agent,  &e.,  that  the  orders 
of  the  Generall  Assembly,  held  the  25th  of  September 
last,  for  the  raising  moneys  to  that  end,  arc  againe  revised 
and  to  be  put  in  execution.  Only  those  by  that  Assembly 
ii ppi tinted  for  the  townes  of  Providence  and  Warwick,  to 
levie  the  rates  in  the  said  two  townes,  are  discharged,  and 
;t  is  only  left  to  the  said  townes  to  make  choyce  in  each 
to  woe,  of  persons  to  make  a  rate  and  assess  the  said  sum 
by  that  Assembly  ordered  to  be  paid  by  each  towne. 

And  for  the  other  places  that  according  to  that  order, 
have  not  made  the  rates  by  that  Assembly  assessed  on 
them,  the  persons  for  each  place  therein  nominated  and 
appointed,  arc  still  continued,  and  are  to  make  the  said 
rates  for  each  place  respectively,  and  make  returne 
thereof  unto  the  Generall  Treasurer,  on  or  before  the  30th 
day  of  this 'instant  month,  Aprill  ;  and  under  the  same 
pennalty  as  is  in  the  said  Assemblys  orders  exprest. 

It  is  also  ordered,  that  the  Indians  in  this  Collony  are 


AND  PROVIDENCE  PLANTATIONS. 


437 


excepted,  as  persons  not  lyable  to  be  rated  in  any  places  1672. 
to  be  payd  to  the  said  assessment.  And  it  is  ordered,  ^-^^^ 
that  the  rate  makers  for  each  place,  by  that  Assembly 
appointed,  and  now  continued,  shall  have  five  shillings  a 
piece  from  the  Generall  Treasurer,  for  their  makinge  and 
returninge  the  said  rates  to  the  Treasurer,  which  shall  be 
added,  and  laid  upon  the  respective  inhabitants  of  the  said 
places  in  the  rates  they  soe  returne.  And  it  is  ordered, 
that  the  whole  assessment  throughout  the  whole  Collony 
shall  be  brought  in  and  paid  unto  the  Generall  Treasurer, 
on  or  before  the  24th  day  of  June,  next  ;  and  if  any  per- 
son be  a  failer  of  bringinge  in  their  rates  of  the  said  rates, 
it  shall  be  taken  by  distraint,  as  is  exprest  in  the  said  As- 
semblys  orders. 

Voted,  this  Assembly  taking  notice  of  the  great  incon- 
veniences  that  follow  by  convertinge  the  effects  raised  by  endDtL°nher 
rates  levied  in  this  Collony  for  the  discharginge  certaine  maUe  for. 
arrears,  or  debts  made  in  their  behalfe,  and  by  their  order, 
&c,  unto  other  uses  than  intended  by  the  Assembly  when 
such  rates  were  levied,  by  which  said  misimployinge  the 
said  effects,  the  Collony  hath  in  most  weighty  concernes 
suffered  reproach,  to  the  great  discredit  thereof,  for  not 
paying  and  discharging  those  engagements  for  which  the 
rates  were  expressly  levied. 

Therefore,  and  for  preventinge  the  like  inconveniences 
for  the  future,  it  is  enacted  by  this  Assembly  and  the  au- 
thority thereof,  that  from  henceforth  whensoever  any  Gen- 
erall Assembly  shall  see  cause  to  levie  a  rate  for  any  use 
or  uses  by  them  mentioned,  for  which  the  said  rates  are 
made  to  be  employed  in  the  Collony,  or  in  any  other  be- 
halfe, saveing  and  only  and  directly  to  the  use  and  end 
for  which  it  shall  be  directly  appoynted  by  the  said  As- 
sembly when  such  rate  is  assessed  or  made,  untill  that  oc- 
casion be  fully  answered,  and  discharged. 

And  the  same  is  to  be  observed  as  to  the  rate  which 
hath  been  by  a  former  Assembly  made,  and  now  confirmed 


438 


RECORDS  OF  THE  COLONY  OF  RTIODE  ISLAND, 


]G72.  for  the  supply  of  tho  Honored  John  Clarke,  Deputy  Gov- 
crnor,  the  Agent  by  this  Collony  appoynted  to  mannage 
tlicir  appcale  before  his  Majestic  against  the  illcgall  intru- 
sions of  the  Collony  of  Connccticutt,  upon  this  Collonys 
jurisdiction  ;  neither  shall  any  persons  plea  that  the  Col- 
lony is  in  his  debt,  be  of  any  force  or  offsett  to  his  or  their 
said  rate  on  that  pretence  untill  the  end  be  answered  for 
which  the  rate  is  or  shall  be  made,  especially  in  case  the 
pretended  debt  soe  made  known  unto  the  Assembly,  and 
by  them  acknowledged,  at  or  before  the  makinge  such 
rate,  &c. 

And  furthermore,  the  Assembly  beingc  sensible  of  tho 
^^jp- great  detriment  the  Collony  in  gcnerall,  and  well-minded 
mmbiy  persons  \Q  pcrtickular  doth  sustaine  by  reason  of  a  cov- 
cteous  or  (factious  and  mallicious  sperritt  appeereingc  in 
sundry  townes  and  places  of  this  Collony  ;  who  oppose  all 
or  any  rates,  and  thereby  prevailinge,  by  their  deluded 
adherants,  in  overpowering  the  more  prudent  and  loyall 
partys  in  such  towne  and  place,  to  the  frustration  of  the 
most  necessary  and  needfull  ends  for  which  such  rates  are 
levied  ;  whereby  the  Collony  is  exposed  to  much  discred- 
it^ and  other  detainments  great  and  dangerous,  even 
tendinge  to  ruin  and  subversion  thereof  in  the  issue,  and 
in  meane  time  to  the  intollerable  burden  and  oppression 
of  the  more  tractable  and  rationall  people,  who  readily 
comply  with  the  Collonys  injunctions,  in  payinge  the 
sevcrall  rates  imposed  on  them,  which  yet  are  rendered 
ineffectuall  as  to  the  full  discharge  of  the  Collonys  en- 
gagements, by  reason  of  the  non-conformance  to,  and 
non-performance  of  the  Collonys  orders  in  such  cases  by 
such  refractory  persons,  as  abovesaid. 

Be  it  enacted,  by  the  Governour,  Councill  and  Repre* 
sentatives  this  present  sessions  assembled,  and  by  authority 
of  the  same  it  is  enacted,  that  from  henceforth  if  any  per- 
son or  persons  in  any  town  or  place  within  this  jurisdiction, 
shall  at  any  time  more  especially  in  any  town  meeting  or 


AND  PROVIDENCE  PLANTATIONS. 


439 


other  publique  assembly  of  people,  appear  by  word  or  act,  1672. 
in  opposition  to  such  rates  and  impositions,  made  from  v-**-v~*- 
time  to  time  by  the  Generall  Assembly  of  this  Colony,  or 
that  shall  appear  in  opposition  against  any  of  the  Acts  aud 
Orders  of  such  Assembly  made  according  to  the  Charter, 
by  speaking  against  such  Acts  or  Orders  openly,  in  any 
concourse  of  people  together,  or  that  shall  move  to  the 
rejecting  such  Acts  and  Orders  when  published  in  any 
such  meeting  in  any  town  or  place,  or  that  shall  indeavour 
by  word  or  deed  to  send  back  or  otherwise  to  slight  such  The  pun. 
Acts  and  Orders ;  all  and  every  such  persons  shall  be  ques-sw&as'oV 

pose  or 

tioned  and  proceeded  against  as  for  high  contempt  and8*8^  &c 
sedition,  and  be  made  responsible  at  the  Generall  Court  ^es^b'y. 
of  Tryalls  in  this  Colony,  from  time  to  time  ;  and  to  that 
end,  shall  be  bound  by  recognizance  to,  or  imprisoned 
untill  the  Court  at  the  discretion  of  the  Justice  or  Justices 
before  whom  such  person  or  persons  shall  be  examined  ; 
and  all  and  every  person  that  shall  be  convicted  by  their 
peers  of  any  the  abuses  aforesaid,  shall  suffer  such  pains, 
restraints  and  penalties  as  followeth,  at  the  discretion  of 
the  Justices,  viz.,  corporall  punishment  by  whipping,  not 
exceeding  thirty  stripes,  or  imprisonment  in  the  House  of 
Correction,  not  exceeding  twelve  months ;  or  else  a  fine 
or  mulct,  not  exceeding  twenty  pounds. 

Voted,  whereas  sundry  persons  of  the  towne  of  Stoning- 'westerly 

"  1  7>eople  car- 

towne,  in  the  jurisdiction  of  Connecticut  Collony,  have  of^ao^;yg 
late  in  a  most  riotous,  rebellious  and  tumultuous  manner  byVrce^0 
made  intrusions  upon  the  towne  of  Westerly,  in  this  his 
Majesties  Collony  of  Rhode  Island  and  Providence  Plan- 
tations, &c,  and  have  knocked  down,  carried  away,  and 
vnder  pretence  of  authority  derived  from  his  Majestie, 
have  imprisoned  and  sentenced  severall  persons  of  the 
towne,  to  the  great  affrightinge  and  disquietinge  of  the 
rest  ;  and  whereas,  upon  notice  given  unto  the  Governor 
and  government  of  the  said  Connecticut  Collony,  instead 
of  bringinge  the  said  offenders,  or  at  least  the  ringleaders 


440 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G72.  of  such  riotous  and  rebellious  practices  .to  receive  suitable 
recompence  for  such  hcighnous  offences  by  thcin  commit- 
ted against  our  Soveraignc  Lord  the  King,  and  his  loyall 
subjects  of  that  place,  or  to  deliver  them  up  to  this  juris- 
diction, where  the  offence  was  committed,  in  order  to  re- 
ceive by  their  hand  condignc  punishment  for  the  same, 
have  countenanced  and  incouraged  the  aforesaid  offenders, 
aleadginge  that  they  had  pattent  right  to  exercise  juris- 
diction over  those  parts,  and  over  all  the  Narragansett 
country  beside  ;  which  yctt  are  soc  plainly  exprest  in  his 
Majesties  gracious  grant  given  unto  us. 

And  whereas,  the  preceding  Generall  Assembly  of  this 
Collony  (in  order  to  prevent  the  effusion  of  blood  upon 
that  account,  together  with  the  reproach  and  dishonor 
that  may  thereby  arise  and  come  unto  his  Majesties  au- 
thority which  he  hath  been  pleased  graciously  to  invest 
this  his  Majesties  Collony  with),  as  peaceable  minded 
neighbours  to  Connecticut  Collony,  and  as  loyall  subjects 
unto  his  Majestic,  have  often  moved  them  for  a  friendly 
treaty  touching  the  premises,  in  order  to  attend  such  a 
right  understanding  of  his  Majesties  mind  therein  ex- 
prest in  his  gracious  grant  bestowed  upon  us  as  may  be 
for  our  mutuall  satisfaction  and  consent,  so  as  to  prevent 
givinge  of  his  Majestic,  ourselves  and  our  friends,  any 
further  trouble  touchinge  the  same  ;  and  when  that  essay 
failed,  and  would  not  by  them  be  attended  unto,  did  fur- 
ther make  unto  them  such  fair  tenders  for  peace  with 
respect  to  propriety,  and  alsoe  jurisdiction,  as  appealing 
to  his  Majestic  for  his  decision  therein,  which  we  are  per- 
suaded noe  good  Christian,  peacable  minded  man  or  loyall 
subject  that  is  not  extremely  byassed  with  selfe  con- 
cearnes  upon  a  private  account  can  turn  aside  from  and 
notwithstandinge  all  these  attempts  cannot  prevaile  with 
them  for  a  friendly  compliance  with  us  therein,  but  on  the 
contrary  have  receive  from  them  as  their  last  result  flxt  reso- 
lution to  force  their  way ;  which  alsoe  forceth  us  to  prose- 


AND  PROVIDENCE  PLANTATIONS. 


441 


cute  our  appeale  to  the  utmost  before  his  Majestic  for  his  1672. 
royall  result,  and  determination  therein  ;  in  which  we  ^^-^ 
shall  cheerfully  acquiesce,  as  loyall  subjects  ought  to 
doe  ;  and  yett  since  we  cannot  but  take  ourselves  oblidged 
both  by  nature  and  grace  in  the  meane  time  vigorously  to 
assert  his  Majesties  sovereignty  over  the  whole  country, 
and  to  assert  and  put  forth  the  authority  and  trust  by  him 
committed  to  us  over  these  parts. 

Wherefore,  be  it  enacted  by  this  present  Assembly  and 
the  authority  thereof,  that  in  case  any  of  the  men  of  Ston- ins'on  men- 
ington  aforesaid,  or  any  other  belonging  to  that  jurisdic- 
tion, after  the  peaceable  tenders  that  have  been  made,  as 
is  abovesaid,  shall  be  found  plotting,  contrivinge  or  actingc 
in  such  riotous,  rebellious  proceedings  and  practices  for 
the  time  to  come,  whereby  his  Majesties  authority  con- 
ferred on  this  Collony  is  invaded,  and  the  lives  and  estates 
of  his  leage  people  hazarded.  That  then  all  right  and 
title  pretended  to  either  in  land,  houses,  goods,  or  chat- 
tels, within  this  Collony,  by  such  plotters,  contrivers,  or 
riotous  actors,  their  aiders  and  abettors,  as  to  them,  their 
heirs  and  assigns,  shall  be  deemed  voyd  and  null  as  for- 
feited to  his  Majestie  ;  and  shall  be  forthwith  seized  upon 
according  to  his  royall  grant  to  us,  for  the  use  of  the  Col- 
lony ;  and  alsoe  the  .persons  of  such  plotters,  contrivers 
and  riotous  actors,'  their  aiders  and  abettors  when  they  can 
be  apprehended  and  seized,  being  found  within  this  Col-- 
lony, shall  receive  such  condign  punishments  otherwise  for 
their  said  offences  as  his  Majesties  laws  have  provided  in 
such  like  cases. 

And  be  it  further  enacted  by  this  present  Assembly, 
that  in  case  any  of  the  inhabitants  of  the  towne  of  Wes- 
terly, who'are  expressly  within  the  bounds  of  this  Collony, 
and  have  solemnly  engaged  submission  unto  the  authority 
which  his  Majestie  hath  been  pleased  to  invest  us  with 
over  those  parts,  shall  at  any  time  hereafter  putt  his  lands 
or  any  parts  thereof  that  are  on  the  east  side  of  Pawca- 
tuck,  alias  Narragansett  river,  and  the  line  drawne  from 

vol.  ii.  56 


* 


442 


RECORDS  OF  THE,  COLONY  OF  RHODE  ISLAND, 


1072.  thence  as  is  exprcst  in  our  Charter,  under  the  gouernment 
*^»-v"*.  of  Connecticut  or  any  other  jurisdiction  ;  or  shall  endea- 
vor actually  to  bring  in  the  aforesaid  government  or  any 
other  foreigne  power,  to  exercise  authority  over  those 
parts,  or  any  other  part  of  the  Collony,  or  yield  obedience 
thereunto,  he  and  they  and  every  of  them  shall  incur  the 
pennalty  for  either  the  aforesaid  offences  that  the  law 
made  in  1G58,  hath  provided,  which  is  to  forfitt  all  his  or 
their  land  and  estate  to  the  Collony. 

And  it  is  further  enacted,  that  what  damngc  any  person 
in  the  towne  of  Westerly  or  any  others  in  this  Collony, 
shall  sustainc  (by  reason  of  their  adhearinge  to  the  gov- 
ernment established  in  this  Collony),  in  their  persons  or 
estates,  their  damage  shall  be  made  good  and  repaired 
out  of  the  estates  of  those  that  are  the  occasioners  there- 
of or  actors  therein. 

Voted,  that  some  persons  be  empowered  by  this  Assein- 
Menap-    bly  to  ffoc  over  to  Narragansett,  and  to  take  a  view  of 

p  intcd  to         *  °  O  ' 

alitor'*0""  Sllcn  places  there  and  thereabouts,  that  are  fitt  for  planta- 
tions, and  make  inquirie  of  English  and  Indians,  who  are 
the  owners  of,  or  who  laie  claime  to  such  lands,  and 
signify  unto  them  that  the  Collony  doth  intend  such  lands 
shall  be  improved  by  pcoplinge  the  same  \  and  that  the 
persons  doe  make  retifrne  of  what  they  doe  therein  to  the 
next  Generall  Assembly. 

The  persons  chosen,  arc  for  Newport,  Lt.  Joseph  Tor- 
rey  ;  for  Providence,  Mr.  Ephraim  Carpenter;  for  Ports- 
mouth, Mr.  Thomas  Cornell ;  for  Warwicke,  Mr.  Samuell 
Gorton,  Jun'r. 

And  it  is  ordered,  that  the  said  persons  shall  be  paid 
for  their  service  therein  by  the  Generall  Treasurer. 

It  is  further  ordered,  that  they  signify  unto  English  and 
Indians  who  are  owners  or  lay  claime  to  such  lands,  that 
they  doc  repair  to  the  Generall  Assembly,  to  be  held  the 
}st  day  of  May  next,  to  treat  with  them,  and  they  shall 
have  such  reasonable,  just  sattisfaction  as.  may  be  judged 
suitable  for  the  said  lands. 


ir 


AND  PROVIDENCE  PLANTATIONS. 


443 


And  this  Assembly  doc  give  power  to  the  said  persons  1G72. 
to  press  boate  and  horses  for  their  convenience  in  that  -^^^ 
affaire. 

ffor  the  encouragement;  and  ingadging  the  Magistrates 
and  Deputies  to  attend  Gencrall  Assemblyes,  and  the 
Magistrates  to  attend  Gencrall  Courts  of  Tryalls,  voted 
and  enacted  by  this  present  Assembly,  that  the  Magis- 
trates allowance  for  attendingc  the  Gencrall  Assemblys 
and  Courts  of  Tryalls,  shall  be  as  followeth,  viz.  : 

To  the  Governor,  six  shillings  currant  pay  for  each  and 
every  daies  attendance. 

To  the  Deputy  Governor,  ffive  shillings;  and  to  each  The  Govr 

1      J  0  .and  Hagis- 

other  Magistrate,  fower  shillings  for  each  and  every  daies  trateswaecs 
attendance.  And  in  default,  they  shall  pay  the  fine 
double  to  their  sallaries  or  allowance,  viz.  :  the  Governor 
twelve  shillings  ;  the  Deputy  Governor  tenn  shillings  ; 
and  each  of  the  other  Magistrates  eight  shillings  for  each 
day  of  their  not  attendingc  these  his  Majesties  and  the 
Collonys  publiek  services  aforesaid  ;  and  this  beside  the 
pennalty  of  five  pounds  appointed  by  law  to  be  levied  on 
each  Magistrate,  for  absence  ;  by  which  the  Generall  As- 
sembly is  disabled  from  sittingc  and  beinge.  Allwaics 
provided,  that  if  a  Magistrate  shall  send  or  present  a  rea- 
son for  his  absence,  which  the  Gencrall  Court  shall  judge 
suffitient,  he  shall  then  be  dispenced  with  accordinge  to 
the  discretion  of  the  said  Gencrall  Court  or  Assembly. 

The  respective  Deputies  allowance  shall  be  three  shil-  The  nenu- 

_ .  ,  ties  wages. 

lings  for  each  daies  attendance  ;  and  for  non-attendance* 
shall  be  lyable  to  pay  six  shillings  for  each  day  respec- 
tively, except  when  a  Deputy  shall  send  and  present  a 
reason,  judged  to  be  suffitient  by  the  Generall  Assembly. 

In  order  to  the  premises,  the  Kecorder  or  Clerke  of  the 
Assembly  and  Courts,  shall  carefully  observe  and  note 
downe  the  attendance  and  non-attendance  of  each  Magis- 
trate, the  Deputy,  &e.  And  at  the  end  of  such  Assembly 
or  Court,  shall  draw  and  sum  up  the  bill  for  each  respec- 
tive towne  or  place,  containinge  the  allowances  or  fines 


444 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAJSD, 


1C72.  relatinge  to  the  Magistrates  or  Deputies  thereof.  And 
v-*^-^  himselfe  haveingo  signed  them,  he  shall  within  two 
daies  of  the  dissolvinge  of  such  Courts,  &c.,  present  them 
to  the  Governor,  or  in  his  absence,  to  the  Deputy  Gov- 
ernor, to  signe  them  ;  which  being  signed,  shall  be  warrant 
sufficient  to  the  Gencrall  Treasurer  to  pay  the  several!  re- 
spective allowances,  aforesaid  ;  and  to  give  warrant  to  the 
Gencrall  Serjeant  to  distraine  for  the  said  pcnnalties,  in 
case  the  Gencrall  Treasurer  receives  them  not,  or  be  not 
satisfied  within  a  month  after  the  dissolution  of  the  said 
Gencrall  Court  or  Assembly.  These  bills,  the  Clerke  or 
Recorder  shall  enter  on  record  and  deliver,  or  cause  to  be 
delivered  the  said  bills  to  the  Generall  Treasurer  within 
two  days  after  the  Assemblys  or  Courts  dissolution,  to  pro- 
ceed therein,  as  abovesaid. 

ffor  the  encouraginge  and  prevoakinge  the  Clerke  or 
Recorder's  Recorder  to  performe  carefully  the  service,  hee  shall  bee 
paid  by  the  Generall  Treasurer  one  shilling,  six  pence,  for 
each  townc  or  place  bills  (containinge  all  the  Magistrates 
of  that  townc  or  place  inclusively,  in  the  one  bill),  as 
aforesaid  ;  and  for  his  failing  to  draw  up  and  present  to 
the  Governor,  &c.,'hee  shall  be  himself  lyable  to  pay  all 
the  said  allowances  and  fines  himselfe,  and  to  be  distrained 
on  himselfe  by  warrant  from  the  Governor,  or  Deputy 
Governor,  in  his  absence,  &c. 

The  Generall  Serjeant  shall  demand,  and  beinge  neces- 
sitated to  distraine  for  the  fines  abovesaid,  he  shall  not 
only  receive  his  five  shillings  per  pound  allowed  by  law, 
but  shall  allsoe  bee  impowered  to  distraine  for  his  three 
pence  a  mile  out  and  home  for  his  travill.  And  it  is  or- 
dered, that  he  shall  cleere  accounts  with  the  Generall 
Treasurer  from  Court  to  Court  ;  that  is  the  two  stated 
Courts  appointed  by  his  Majesties  gracious  Charter  to  us, 
viz.,  in  the  third  month  (May),  and  the  eighth  month  (Oc- 
tober). And  in  case  of  the  Generall  Serjeants  default,  and 
not  bringingc  in  and  accountinge  for  these  fines  with  the 
Generall  Treasurer,  as  aforesaid,  hee  shall  bee  lyable  to 


AND  i'ROVIDESCE  PLANTATIONS. 


445 


pay  the  said  fines  ^himselfe,  and  shall  be  distrained  on  by  1672. 
warrant  from  the  Governor  or  Deputye  Governor,  as  afore- 
said,  directed  to  any  person  or  persons  to  whom  they  shall 
direct  it. 

ffor  the  keepinge  of  the  Magistrates  and  Deputies  in  Magistrates 
love  together,  for  the  ripeninge  of  their  consultations,  and  a'dii^°r.ed 
husbandinge  of  their  time,  the  Generall  Treasurer  shall 
give  order  and  pay  for  a  convenient  dinner  for  the  Magis- 
trates and  Deputies  in  Generall  Assemblies  ;  and  for  the 
abovesaid  ends,  in  the  Courts  of  Tryalls  for  the  Magistrates, 
every  of  the  respective  dairs  of  their  sittinge  or  sessions. 

Voted,  that  a  Committee  be  chosen  and  impowered  in  tc00°™i"Tep 
this  Collonys  behalfe,  to  draw  up  letters  of  gratitude  vnto  Mr.eRichard 
Mr.  Richard  Deane  and  others,  in  England,  and  make  re-otuerL' 
turne  of  what  they  draw,  unto  the  Assembly  in  May  next. 

The  persons  chosen,  are  our  Honored  Governor  Arnold, 
Capt'n  John  Cranston,  and  Mr.  Richard  Baily. 

Voted,  that  the  Deputye  Governor,  Mr.  John  Clarkes "ark^ac- 
accounts  haveinge  been  auditted  in  this  Assembly,  as  is  audited, 
exprest  in  his  accounts  given  to  this  Assembly,  this  As- 
sembly have  owned  them.  And  it  was  by  an  unanimous 
vote,*  in  a  full  Assembly,  none  dissenting.  And  the 
Deputy  Governor  in  the  Assembly  owned  and  declared 
his  assent  thereto. 

Voted,  [that  the  following  document]  be  placed  to  record. 

The  Recorder's  Petition  concearning  Thos.  Harte. 
To  the  Honored  the  Moderator  and  Generall  Assembly  of 
his  Majesties  Collony  of  Rhode  Island  and  Providence 
Plantations,  began  and  held  at  Newport,  the  second 
day  of  Aprill,  1672. 

John  Sanford,  Recorder  of  the  said  Collony,  doth  hum- 
bly present :  that  for  as  much  as  there  was  an  action  com- 
menced by  Mr.  Thomas  Harte,  late  deceased  (which  had 
its  progress  in  the  Courts  of  Tryalls  in  this  Collony), 
against  one  Marke  Ridley,  defendant,  who  was  noe  free 
inhabitant  of  this  Collony  ;   whereupon  to  the  Generall 


440 


RECORDS  OE  THE  COLONY  OF  RHODE  ISLAND, 


1G72.  Sarjeant,  the  said  Ridley  procured  Capt'n  John  Greene  to 
N-*~v-^'  be  his  security,  or  bondsman.  And  now  whereas,  both 
verdict  of  jury  and  judgment  of  Court  hath  passed  for  the 
said  Tho.  Harte,  plaintiff,  against  the  said  Ridley,  defend- 
ant. Yett  soe  it  is,  that  the  said  Ridley  not  beinge  to  be 
found,  nor  any  certain  or  knowne  estate  of  his  in  this  Col- 
lony,  whereby  execution  may  take  its  full  effect,  accord- 
ing^ to  the  true  intent  of  justice,  to  make  restitution  for 
what  is  therein  found  due  ;  and  the  plaintiffs  successors 
havcinge  earnestly  prest  your  petitioner  for  the  grantinge 
forth  execution  upon  the  estate  of  the  said  Ridleys  bonds- 
men, by  whose  meanes  the  present  plaintiffs  pretend  they 
are  thus  surprised  and  kept  from  their  just  due.  And  for 
want  of  a  clccre  law  in  such  case  to  justify  the  Recorders 
acting  therein,  as  desired  ;  doth  make  bould  and  humbly 
craves  the  advice  of  this  Assembly  in  the  premises  ;  and 
if  noe  way  in  such  cases  be  already  provided,  that  there 
may  a  way  by  this  Assembly  be  provided  for  the  future 
in  cases  of  that  nature,  that  soe  justice  and  judgment  may 
not  be  hindered  from  those  Avho  legally  call  for  it,  and  ac^- 
cordingly  in  the  Court  of  Tryalls  procure  it. 

Voted,  the  Assembly  haveinge  perused  the  presentation 
The  courts  of  the  Recorder,  fur  their  advice  in  the  above  written,  and 

answer  to 

said  petition  haveinge  viewed  the  originall  bond  of  Capt.  Greenes  to 
the  Serjeant ;  and  alsoc  his  bond  to  the  Recorder  for  re- 
hcareinge.  The  Assembly  doe  judge  it  just,  and  declare 
that  it  is  consonant  to  law,  and  doe  advise  the  Recorder 
that  if  neither  Marke  Ridley  nor  his  estate  can  in  this 
Collony  be  found,  that  then  execution  be  given  forth  by 
the  Recorder  against  the  estate  of  the  bondsman  of  the 
said  Ridley. 

Voted,  this  Assembly  doe  order,  that  the  acts  of  this 
Assembly  for  reviseinge  the  orders  of  the  Assembly  in 
September  last,  for  raising  moneys  in  the  Collony  for  the 
supply  of  our  Agent,  Mr.  John  Clarke,  the  act  of  this  As- 
sembly against  such  as  oppose  the  acts  of  the  Generall 
Assemblys,  the  act  of  this  Assembly  concerningc  those 


AND  PROVIDENCE  PLANTATIONS. 


that  intrude  upon  this  Collony,  and  the  act  of  this  As-  1 
seinbly  for  procuringe  lands  for  the  Collonys  use  for  plan- 
tations, be  forthwith  sent  forth  by  the  Recorder  under  the 
seale  of  the  Collony,  unto  the  townes  of  Providence  and 
Warwick  ;  and  to  the  places  between  Warwick  and  Pet- 
tacomscut  ;  Pettaconiscut  and  Block  Island  ;  and  shall 
have  tenn  shillings  from  each  towne  and  place  for  each 
copie. 

Voted,  that  Mr.  Thomas  Olney,  Jun'r,  havinge  formerly 
lent  unto  the  Collony  the  sum  of  forty  shillings,  currant 
pay,  it  is  ordered,  that  the  said  forty  shillings  shall  be 
paid  him  by  the  Generall  Treasurer. 

Voted,  whereas  Mr.  John  Whipple,  Jun'r,  was  fined  the 
sum  of  twenty  shillings,  for  not  attending  as  a  juryman, 
he  being  att  that  time  Towne  Clerke  of  Providence,  the 
Court  doe  see  cause  to  remitt  the  fine. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have 
thirty  shillings  from  each  towne  for  copies  of  this  and  the 
orders  of  the  Assembly  in  October  last,  with  the  seal  of 
the  Collony  affixt. 

At  a  meeting  of  the  Governor  and  Council,  at  Newport, 
April  3,  1672. 

Leonard  Smith,  Constable  of  Providence,  by  vertue  of 
a  warrant  from  the  Governor,  dated  the  10th  of  March 
last,  brought  Mr.  Thomas  ffield  and  Nich.  Power  before 
the  Councill  vpon  the  complaint  of  Capt'n  John  Greene, 
Assistant,  which  being  made  known  to  them,  Nicholas 
Power  delivered  in  his  testimony,  and  Mr.  Thomas  ffield 
the  copie  of  his  ;  and  being  demanded  whither  Mr.  Wm. 
Carpenter  and  Mr.  Benjamin  Smith,  at  the  time  these 
words  were  spoken,  or  not,  Mr.  ffield  said  Mr.  Smith  was 
present,  and  soe  said  Mr.  Nich.  Power.  Mr.  Green  re- 
lateing  that  Mr.  William  Harris  said  vnto  him  when  hee 
was  vpon  his  examination,  "Your  worship  is  wise."  Nich. 
Power  said  hee  did  not  know  whither  hee  soe  said  or  noe  ; 


448 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1072.  and  the  testimonies  of  Mr.  William  Carpenter  and  Mr. 

-**v-w Benjamin  Smith  being  read,  wherein  the  matter  was  con- 
tained, and  the  reasons  thereof.  And  the  said  Nicholas 
Power  and  Thomas  fficld  being  by  the  Governour  de- 
manded whither  or  noe  they  heard  the  said  discourse 
would  not  answear  positiuely  thereto,  only  said  that  what 
they  had  giucn  in,  was  the  whole  truth  as  to  that  matter. 

April  4th,  1072. 

Thomas  ffield  and  Nicholas  Power  being  againe  brought 
before  the  Council!,  after  some  papers  by  them  presented, 
itt  w.is  demanded  whither  or  noe  they  would  engage  by 
recognizance  for  their  appearance  at  the  next  Gencrall 
Court  of  Tryalls  ;  which  they  being  willing  to,  entered 
into  the  recognizances  vnder  written. 

Thomas  ffield  did  acknowledge  himselfc  indebted  to  our 
Soveraigne  Lord  the  King,  in  the  true  and  just  sum  of 
fourty  pounds. 

The  condition  of  this  recognizance  is  such,  that  if  the 
aboue  bound  Thomas  ffield  shall  make  his  appearance  att 
the  next  Gencrall  Court  of  Trialls,  to  bee  held  for  the  Col- 
lony  att  Newport,  in  May  next,  to  answear  such  indict- 
ment or  indictments  as  shall  bee  preferred  against  him,  on 
his  Majesties  bchalfe,  for  misbehaviour  and  contempt ; 
and  in  the  meane  time  shall  bee  of  good  behaviour  towards 
all  his  Majesties  subjects,  then  this  recognizance  to  bee 
void,  or  else  to  remain  in  force. 

Nicholas  Power  did  acknowledge  himselfc  vnto  our 
Soveraigne  Lord  the  King,  in  the  true  and  just  sum  of 
fourty  pounds. 

The  condition  of  this  recognizance  is  such,  that  if -the 
abouebound  Nich.  Power  shall  make  his  appearance  att 
the  next  Gencrall  Court  of  Tryalls,  to  bee  held  for  the 
Collony  att  Newport,  in  May  next,  to  answear  such  in- 
dictment or  indictments  as  shall  bee  preferred  against  him 
on  his  Majesties  behalfe,  for  misbehaviour  and  contempt  ; 


AND  PROVIDENCE  PLANTATIONS. 


449 


and  in  the  meane  time  shall  bee  of  good  behaviour  towards  1C72. 
all  his  Majesties  subjects,  then  this  recognizance  to  bee  y^»-^ 
voide,  or  else  to  remaine  in  force. 

The  Acts,  Orders  and  proceedings  of  this  yeare,  from 
May,  1671  to  the  1st  day  of  May.  1672,  and  placed  to 
record,  as  aboue.       Per  RICHARD  BALLY,  Sec'ry. 


Proceedings  of  the  Generall  Assembly  held  for  the  Collony 
of  Rhode  Island  and  Providence  Plantations  at  Newport,  « 
the  30/A  of  April,  1672. 

Mr.  Benedict  Arnold,  Governor. 
Mr.  John  Clarke,  Deputye  Governor. 


ASSISTANTS. 


Capt.  John  Cranston, 
Mr.  John  Coggeshall, 
Mr.  James  Barker, 
Mr.  William  Carpenter, 
Mr.  Thomas  Harris, 


Mr.  Roger  Williams, 
Mr.  "William  Baulston, 
Left.  John  Albro, 


Capt.  John  Greene. 
Mr.  Benjamin  Smith. 


DEPUTIES. 


For  Newport. 
Mr.  Walter  Clarke, 
Mr.  Henry  Bull, 
Mr.  John  Gould, 
Mr.  Peter  Easton, 
Mr.  Edward  Thurston, 
Mr.  Weston  Clarke. 


For  Warwicke. 
Mr.  John  Weekes, 
Mr.  Richard  Carder, 
Mr.  James  Greene, 


Mr.  William  Hall, 
Mr.  Edward  Fisher, 
Mr.  Anthony  Emry. 


For  Providence. 
Capt.  Arthur  Fenner, 
Mr.  Thomas  Arnold, 
Mr.  Edward  Enman, 
Mr.  Thomas  Hopkins. 


Mr.  Tobias  Saunders, 
Mr.  Stephen  Wilcocks. 


Mr.  Edmund  Calverlye. 


For  Westerly. 


For  Portsmouth. 
Mr.  William  Wodell, 


VOL.  II. 


5" 


450 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1672.      Capt.  John  Cranston,  chosen  Moderator. 
-^v^*-/    John  Sanford  chosen  Clerk. 

Voted,  that  the  papers  presented  to  this  Assembly  for 
the  .admitting©  of  freemen  bee  read. 

Voted,  that  Thomas  Arnold,  Jun'r,  William  Hopkins, 
"Walter  Rhodes,  Richard  Everndcn,  William  llaukins, 
Daniell  Abbott  and  James  Dexter,  all  of  Providence,  are 
admitted  freemon  of  this  Collony. 

Voted,  that  William  Maire,  William  Clarke,  Thomas 
Jennings,  Jun'r,  William  Brigs,  ffrancis  Bray  ton,  Jun'r, 
*  David  Lake,  Mathcw  Bordin,  Isaac  Lawton,  John  Cogges- 
hall,  Jun'r,  John  Anthony,  Jun'r,  Joseph  Anthony, 
Abraham  Anthony,  Samson  Shearman  and  William  Hall, 
Jun'r,  all  of  Portsmouth,  are  admitted  ffreemen  of  this 
Collony. 

Voted,  that  John  Carder,  Benjamin  Gorton,  John 
Knowles,  Moses  Lippitt,  Jeremiah  Westcott,  Thomas 
Hedger  and  Thomas  Budlong,  all  of  Warwick,  are  admit- 
ted ffreemen  of  this  Collony. 

Voted,  that  Mr.  John  Weecks  and  Mr.  Richard  Carder, 
haveinge  presented  such  lawfull  excuse  for  their  absence, 
and  not  attendinge,  the  Court  doe  except  their  excuse, 
and  conceive  it  lawfull. 

Voted,  this  Assembly  is  dissolved. 

At  the  Generall  Assembly  and  Election,  held  at  Newport, 
the  ffirst  Wednesday,  beinge  the  1st  of  May,  1671. 

Capt.  John  Cranston,  chosen  Moderator. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

Voted,  that  fower  men  be  chosen  to  view  and  observe 
the  votes  for  the  election. 

For  Newport,  Mr.  John  Coggeshall  ;  for  Providence, 
Mr.  Thomas  Harris  ;  for  Portsmouth,  Mr.  John  Albro  ; 
for  Warwick,  Capt.  John  Greene. 

By  the  Election  was  elected  : 

Mr.  William  Brenton,  Governor,  who  refuseinge,  was 


AND  PROVIDENCE  PLANTATIONS. 


by  the  Assembly  chosen  Mr.  Nicholas  Easton,  Governor,  1G 
engaged. 

Capt'n  John  Cranston,  Deputye  Governor,  engaged. 

Mr.  Richard  Smith,  Assistant,  engaged. 

Mr.  John  Coggeshall,  Assistant,  who  refusinge,  was 
chosen  Mr.  James  Barker  ;  and  he  alsoe  refusinge,  was 
elected  Mr.  ffrancis  Brinley,  Assistant,  and  engaged; 

Mr.  John  Easton,  engaged. 

Capt'n  Arthur  ffenner,  Assistant,  engaged. 

Mr.  Thomas  Harris,  Assistant,  engaged. 

Mr.  Henry  Browne,  Assistant,  -engaged. 

Mr.  William  Baulston,  Assistant,  engaged. 

Mr.  Joshua  Coggeshall,  Assistant,  engaged. 

Capt.  John  Greene,  Assistant,  engaged. 

Mr.  Benjamin  Smith,  Assistant,  engaged. 

John  Sanford,  Generall  Recorder,  engaged. 

James  Rogers,  Generall  Sergant,  engaged. 

Mr.  Peter  Easton,  Generall  Treasurer,  engaged. 

Mr.  John  Easton,  Generall  Attorney,  engaged. 

Mr.  Edward  Richmond,  Generall  Solicitor,  engaged. 

Voted,  that  Samuell  Winsor,  Abraham  Man,  Thomas 
Hopkins,  Jun'r,  Xathaniell  Moorie,  John  Steere,  John 
Moorie,  John  Enman,  Jeremiah  Rhoades,  and  John  Beloo, 
all  of  Providence,  are  admitted  ffreemen  of  this  Collony. 

Voted,  John  Tyler,  of  the  towne  of  Portsmouth,  is  ad- 
mitted a  ffreeman  of  the  Collony. 

Voted,  it  is  ordered,  that  Mr.  Joshua  Coggeshall,  Mr. 
Edmund  Calverly,  and  John  Sanford,  being  members  of 
this  present  Assembly,  are  desired  and  impowered  to  goe 
to  the  late  Governor,  Benedict  Arnold,  and  recpiire  and 
receive  from  him  his  Majesties  Charter  unto  this  Collony, 
and  all  other  writeings  in  his  custody,  that  belong  unto 
the  Collony,  and  to  give  the  said  late  Governor  in  the 
behalfe  of  the  Assembly  a  full  discharge  for  what  they  re- 
ceive, and  returne  the  same  to  this  present  Assembly. 

Voted,  to  be  placed  to  record,  the  returnes  of  the  Com- 


452 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1672.  mittee  sent  to  Mr.  Benedict  Arnold,  the  late  Govcrnour, 
^^^to  receive  the  Charter  and  such  other  writeings  in  his 
hands  bclonginge  to  the  Collony.  Their  returne  is  that 
according  to'  the  Assemblys  order,  they  addressed  them- 
selves, and  made  demand.  The  late  Governors  answer 
was,  that  he  thought  it  not  safe  to  deliver  the  Charter, 
&c,  out  of  his  hands  till  another  Governor  was  engaged. 

Voted,  whereas,  James  Rogers  was  by  the  free  vote  of 
the  freemen  of  this  Collony  chosen  to  the  place  and  office 
of  Generall  Serjeant ;  this  Assembly  doe  declare  their  ap- 
probation of  the  said  Serjeant  in  said  office,  any  act  or 
order  in  this  Collony  to  the  contrary  notwithstandinge. 

Voted,  this  Assembly  is  adjourned  untill  the  14th  day 
of  this  instant  May  ;  then  to  sitt  and  meet  at  Newport  at 
the  house  of  Capt'n  Morris. 

May  the  Uth,  1672. 
Vpon  the  re-meetinge  of  the  Assembly,  May  the  14th, 
1672. 

Voted,  that  a  letter  sent  to  this  Assembly  from  Mr. 
Brenton,  be  opened,  and  read. 
Mr.  Bren-      Whereas,  this  Assembly  have  twice  by  two  messengers 

ton's  refus-  J  J  ° 

Governor.8  sen^  ^°  Taunton,  to  Mr.  William  Brenton,  to  accept  and 
give  his  engagement  to  the  place  of  Governor,  to  which 
he  was  elected  ;  and  by  the  severall  messengers  the  said 
Mr.  Brenton  haveinge  denyed  his  acceptance  thereof,  and 
alsoe  by  a  letter  under  his  hand,  dated  the  11th  instant, 
directed  to  this  Assembly,  wherein  he  is  pleased  to  hint 
many  reasons  for  his  not  acceptinge  the  said  place  of 
Governor,  he  was  elected  unto.  This  Assembly  doe 
thereupon  conclude  that  he  doth  absolutely  refuse  to  ac- 
cept the  place  and  office  of  Governor  in  this  Collony. 
Therefore,  this  Assembly  doe  vote  that  they  forthwith 
proceed  to  the  election  of  another. 

Mr.  Nich.  Easton,  Sen'r,  chosen  Gov'r,  and  engaged. 
Voted,  that  Mr.  Joshua  Coggeshall  and  Mr.  Henry 
Browne,  Assistants,  Mr.  Edmund  Calverly  and  John 


AND  PROVIDENCE  PLANTATION S . 


4Go 


Sanford,  are  desired  and  authorised-  to  goe  to  the  late  1G72. 
Governor,  Mr.  Benedict  Arnold,  and  demand  and  receive  ^-^^ 
from  him  his  Majesties  gracious  Charter  to  this  Collony, 
and  all  other  writings  in  his  custody,  which  belong  to  this 
Collony  :  and  in  the  Collonys  behalfe  to  give  the  said  Mr. 
Arnold  a  full  discharge  for  what  they  receive.  The  coppie 
of  the  discharge  is,  viz.  : 

Received,  by  order  of  the  Geaerall  Assembly  within  c* 
mentioned,  from  Mr.  Benedict  Arnold,  late  Governor  of  ^ 
his  Majesties  gracious  Charter  in  the  box  it  came  in  ; 
a  letter  from  his  Majestie,  dated  the  23d  of  Aprill,  1664  ; 
the  agreement  in  parchment  between  Mr.  John  Clarke 
and  Mr.  John  Winthrop,  in  England,  dated  the  7th  of 
Aprill,  1663  ;  a  coppy  of  reprisalls,  dated  the  27th  of 
ffebruary,  1664;  the  determination  of  his  Majesties  Com- 
missioners betweene  the  Collony  of  Plymouth  and  this 
Collony,  bearinge  date  the  7th  and  11th  of  Aprill,  two 
papers  under  the  hands  and  seales  of  the  King's  Commis- 
sioners concerninge  the  Narragansett  country  or  Kings 
Province,  the  one  bearinge  date  the  20th  of  March,  1664  ; 
the  other  bearinge  date  the  8th  of  Aprill,  1665  ;  the 
parchments  and  papers  not  defaced,  and  the  sealls  noe 
ways  broken.    The  above-written  wee  have  received,  with 
a  promise  that  if  any  others  doe  appeere  which  are  ne- 
cessary to  the  Collonys  use,  and  not  now  at  hand,  upon 
demand  and  occasion  shall  be  delivered.    Wittness  our 
hands,  the  14th  of  May,  1672. 

HENRY  BROWNE, 
JOSHUA  COGGESH  ALL, 
JOHN  SANFORD, 
EDMUND  CALVERLT. 


Toted,  that  the  above  written  receipt  given  to  the  late  order  for 

-  -  -  ----- 


r^:  -::-r* 


Governor,  be  recorded  amongst  the  acts  of  this  Assembly,  ^1^^ 
and  the  said  persons,  according  to  their  trust,  haveinge 


454 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1672.  delivered  to  this  Assembly  all  the  particulars  therein  men- 
v-^v-^-'  tioned,  are  acquitted  and  discharged  thereof. 

Voted,  that  the  Charter  and  those  other  writtings 
received  from  the  late  Governor,  are  committed  to  the 
keepinge  and  custody  of  the  present  Governor,  and  he 
accepts  the  same,  and  hath  in  this  Assembly  received 
them. 

Voted,  that  the  Charter  be  openly  read  ;  which  was 
accordingly  done. 

Voted,  that  the  differences  betweene  this  Collony  and 
the  Collony  of  Connecticut,  be  first  debated. 

Voted,  that  accordinge  to  the  King's  Commissioners 
orders,  bearinge  date  at  Warvvicke,  Aprill  8th,  1G65,  for 
the  peace  and  safety  of  the  King's  Province,  we  think 
best  that  some  men  of  this  Collony  be  immediatly  chose 
and  commissionated  with  full  power  to  meet  with  any 
commissionated  from  the  Collony  of  Connecticut,  and  then 
and  therewith  them  to  heare,  debate,  agitate,  determine, 
and  putt  a  fynall  issue  and  end  to  all  differences  betweene 
this  Collony  and  the  Collony  of  Connecticut,  in  reference 
to  the  premises,  untill  the  King's  pleasure  bee  further 
knowne. 

The  Commissioners  chosen,  appointed  and  authorized, 
are  Mr.  Richard  Smith,  Mr.  Francis  Brinley  and  Mr.  John 
Easton,  Assistants  ;  John  Sanford,  Recorder,  Mr.  Roger 
Williams,  Capt.  Randall  Holden,  and  Mr.  Jireh  Bull. 
Voted,  wee  the  Gencrall  Assembly  of  his  Majesties 
commia-    Collony  of  Rhode  Island  and  Providence  Plantations  now 

sioners  to 

cona-cti'cu  assembled,  according  to  an  act  passed  and  voted  by  the 
3ion™s?"  assembly  for  impowering  Commissioners  to  treate  with 
any  commissionated  and  impowered  from  the  Collony  of 
Connecticut,  for  the  debateinge,  and  endinge  of  all  differ- 
ences betweene  the  two  Collony s  abovesaid,  doe  by  these 
presents  commission  and  fully  impower  you,  our  friends, 
Mr.  Richard  Smith,  Mr.  Francis  Brinley,  Mr.  John 
Easton,  Assistants ;  John  Sanford,  Recorder,  Mr.  Roger 


AND  PROVIDENCE  PLANTATIONS. 


455 


Williams,  Capt.  Randall  Ilolden,  and  Mr.  Jiroh  Bull,  to  re-  1672. 
paire  yourselves  to  such  place  and  places,  and  at  such  times v-*^-^ 
as  shall  be  appointed,  and  to  meet  with  the  Commissioners 
impowered  from  the  Collony  of  Connecticut,  and  then  and 
there  to  heare,  debate,  agitate,  determine.,  and  soe  far 
as  you  can  agree,  to  put  a  fynall  end  and  issue  of  all  differ- 
ences betweene  the  two  Collony s  abovesaid,  researveinge  the 
King's  pleasure,  when  it  shall  bee  further  knowne  ;  and 
whatsoever  you,  our  said  Commissioners,  or  any  four  or 
more  of  you,  beinge  under  your  hands  and  seales,  shall 
think  best  to  doe  and  act  for  the  peace  and  safety  of  this 
Collony,  or  more  particularly  of  the  King's  Province,  in 
reference  to  the  premises  as  abovesaid,  shall  bee  as  au- 
thenticke  to  all  intents  and  purposes,  as  if  done  by  the 
whole  Assembly. 

Given  and  signed,  by  order  of  his  Majesties  Collony  of 
Rhode  Island  and  Providence  Plantations,  &c,  at  their 
Assembly,  began  the  1st  of  May,  and  by  adjourn- 
ment sittinge  the  14th  of  May,  1G72,  with  the  seale 
of  the  Collony,  affixt. 

JOHN  SANFORD,  Recorder. 

Voted,  that  Mr.  John  Clarke  is  chosen  and  desired  to 
be  a  person  commissionated  with  others,  to  treate  with 
Connecticut  gentlemen,  concearninge  the  differences  be- 
tweene us,  and  hee  beinge  sent  to,  -and  refuseinge,  the 
fore  named  persons  were  impowered. 

The  Governor  and  Deputie  Governor,  Mr.  John  Gould  Persons  10 

tr  3  draw  up 

and  Mr.  Walter  Clarke,  are  hereby  authorized  and  im- in£truction 
powered  in  the  behalfe  of  this  Collony,  and  by  their 
authority  to  draw  up  instructions  for  our  Commissioners 
by  this  Assembly  appointed  to  treate  with  Connecticut 
Commissioners,  which  instructions  are  by  them  to  be  duly 
observed  ;  and  any  others  to  this  Assembly  have  liberty  to 
advise  with  them  herein. 

Voted,  fforasmuch  as  severall  acts  and  orders  were 
made  in  the  Generall  Assembly  in  Aprill  last,  some  whereof 


450 


RECORDS  OP  THE  COLONY  OF  RHODE  ISLAND, 


1G72.  seemingo  to  the  infringeinge  of  the  liberties  of  the  peopla 
'^^^  of  this  Collony,  and  settinge  up  an  arbitrary  power,  which 
Sdof April.  is  contrary  to  the  lawes  of  England,  and  the  fundamental! 

1071,  re-  o  ' 

peaied.  lawea  of  this  Collony  from  the  very  first  sctling  thereof, 
others  seeminge  much  to  the  prejudice  of  the  Collony  and 
impovcrishinge  the  people  thereof,  to  the  great  disturbance 
and  distraction  of  the  good  and  well-minded  people  there- 
of, who  have  many  of  them  been  sufferers  in  a  great 
measure  already,  and  like  more  to  undergoe  if  not  timely 
prevented.  This  Assembly  takeinge  into  searious  consid- 
eration and  maturely  wcighinge  the  consequences  thereof, 
doe  enact  and  hereby  is  enacted,  that  the  Act  made  for 
punishinge  by  whippinge,  fine,  imprisonment,  &c,  for 
rejecting  and  slightinge  the  Acts  and^  Orders,  thereof, 
&c,  as  is  there  fully  expressed,  is  hereby  repealed,  and 
made  null  and  voyd  ;  any  former  Act  or  Order  to  the 
contrary,  notwithstandinge. 

Voted,  and  bee  it  further  enacted,  that  the  act  for  the 
sendinge  Mr.  John  Clarke,  the  Collonys  Agent,  for  Eng- 
land, and  the  act  for  gathering  of  money  thereon,  is 
hereby  repealed  as  not  suitable  for  the  present  affaires 
of  this  Collony,  wherein  the  Collony  is  in  a  hopefull  way 
to  compose  the  differences  bctweene  the  two  Collonys  in 
a  loveinge  and  peaceable  manner,  without  such  expence 
and  cost  to  the  Collony,  as  the  sending  an  Agent  for 
England  will  occasion.  And  to  that  end  doe  order,  that 
the  letters  that  were  drawno  up  to  be  sent  to  Connecticut 
and  the  other  Collonys,  be  wholly  suspended  and  not  sent. 

Voted,  and  be  it  ffurther  enacted,  and  by  this  Assembly 
it  is  enacted,  that  noe  officer  or  officers  in  this  jurisdiction 
shall  demand  or  receive  more  wages  for  the  time  of  his  or 
their  beinge  or  sittinge  in  Court,  or  attendance  thereon, 
than  the  antient  ffundamentall  lawes  of  this  Collony  for- 
merly have  made  due  provision  for  ;  and  that  the  acts  in 
the  Assembly  in  Aprill  last,  for  the  inhaunceing  of  wages 
to  the  officers  of  this  Collony,  either  one  or  other  is 
hereby  null  and  voyd. 


AND  PROVIDENCE  PLANTATIONS. 


457 


'Voted,  and  whereas  power  was  given  unto  Lieut.  Jo-  1672. 
seph  Torrey,  Ephraim  Carpenter,  Thomas  Cornell  and  v"-»"v'"*h 
Samuell  Gorton,  to  goe  into  the  Narragansett  country, 
and  take  a  view  of  such  places  as  are  fitt  for  plantations, 
and  make  returne  thereof  to  the  next  Generall  Assembly, 
•&c,  as  is  there  expressed,  this  Assembly  juilginge  a  very 
unequall  act  that  any  should  be  forced  to  dispose  of  their 
lands  without  their  consent,  doe  repeale  the  said  act,  and 
make  it  null  and  voyd. 

Voted,  and  whereas  some  acts  passed  in  refferance  to 
Stonington  and  Westerly  men,  &c,  relateinge  to  fforfitures 
there  mentioned,  &c,  as  is  largely  exprest  in  the  said  act 
made  in  Aprill  last,  it  is  hereby  enacted,  that  the  said  act 
is  made  voyd  and  null ;  and  that  the  law  of  England  shall 
take  place  therein,  or  any  fformer  law  of  this  Collony  ; 
and  persons  transgressinge  therein,  shall  suffer  accordinge 
to  their  clemeritts  as  the  laws  have  prescribed. 

Voted,  and  forasmuch-  as  Mr.  John  Clarke's  accounts J°hn 

'  Clarke. 

have  been  allready  auditted,  and  approved,  this  Assembly 
sees  cause  to  desire  that  there  may  be  a  further  debate 
with  him  about  it,  for  better  sattisfaction. 

Voted,  and  whereas  there  is  a  complaint  made  by  Capt. 
Arthur  Fenner,  that  notwithstandinge  the  ffree  and  lawfull 
choyce  of  Deputies  was  made  in  the  towne  of  Providence, 
by  the  Assembly  in  Aprill  last,  yett  were  not  admitted  to 
sitt  accordingely,  but  the  second  choyce  tooke  place  ;  this 
Assembly  takeinge  into  consideration  the  proceedings  and 
consequences  thereof,  doe  for  the  future  forbid  such  prac- 
tices, as  beinge  innovations  in  the  government,  and  con- 
trary to  law  and  equity. 

Voted,  that  the  Governor,  Deputy  Governor,  and  thePowerto 
Assistants,  or  soe  many  of  them  as  may  conveniently  ^"teer|^-thi 
convene  together,  are  by  this  Assembly  authorized  to  open  CollODy- 
any  and  all  such  letters  as  in  the  time  of  the  adjournment 
shall  be  directed  to  this  Collony,  and  if  they  see  cause, 
make  answer  thereto  ;  and  are  to  signify  what  they  doe 
herein,  to  this  Assembly,  at  their  next  sittinge. 

vol.  ii.  58 


RECORDS  OF  THE  COLONY  OF  RITO0E  ISLAND, 


1672.  Voted,  whereas  there  appears  due  to  Nicholas  Power 
and  Thomas  Hopkins,  Jun'r,  both  of  Providence,  the 
sum  of  ten  shillings  a  peece  for  their  service  in  appre- 
hending an  Indian,  this  Assembly  doe  order,  that  they 
shall  bee  paid  the  said  sum  by  the  Gcnerall  Treasurer. 

Voted,  that  the  acts  of  this  Assembly  shall  bee  sent 
forth  to  the  four  townes,  viz.  :  Newport^  Providence, 
Portsmouth,  and  Warwicke,  by  the  Recorder,  under  the 
scale  of  the  Collony,  if  it  may  be,  within  fourteen  dayes- 
after  this  instant ;  bcinge  the  16th  of  May,  1672. 

Letter  from  Rhode  Island  to  Connecticut. 

Honored  Gentlemen  :  The  late  sufferings  of  his  Majes- 
ties subjects  at  Westerly  by  some  of  yours,  have  been  rep- 
resented to  us,  and  hath  occasioned  os  to  endeavor  the 
prossicution  of  our  appeale  to  his  Majestie.  Butt  never- 
thelcss,  our  hearty  desire  being  rather,  that  if  it  be 
possible  complaints  may  be  stopt,  and  an  amicable  way 
found  out  to  issue  the  matter  loveingly  here  ;  therefore, 
wee  being  convened,  are  resolved  to  advise  and  consult  to 
finde  out  a  way  for  the  effecting  thereof,  and  you  may 
expect  to  heare  farther  of  it.  And  therefore  least  the 
breach  should  in  the  meane  time  be  made  wider,  wee  pro- 
pose that  you  would  require  your  people  to  forbeare  to 
molest  the  men  of  Westerly,  which  if  attended  to,  will 
make  us  the  readier  to  propose  some  faire  way  of  compos- 
ure or  be  ready  to  hearken  unto  any  faire  motion  made  by 
you  :  our  very  vrgent  weighty  affaires  doth  at  present  de- 
terr  the  full  accomplishment  of  our  motion  herein. 

Yett,  gentlemen,  you  may  assure  yourselves  that  very 
suddainly  you  may  heare  further  from  us,  as  to  the  prem^ 
ises,  which  wee  hope  may  effect  a  loveinge  issue  of  all 
matters  in  difference  betweene  yourselves  and  us.  And 
hopeinge  to  finde  a  neighbourly  complyance, 

Wee  remaine  your  ffriends  and  neigh- 
bours, the  Generall  Assembly  of  his 
Majesties  Collony  of  Rhode  Island 


AND  PROVIDENCE  PLANTATIONS. 


459 


and  Providence  Plantations,  assem-  1672. 
bled  at  Newport,  the  1st  day  of  Ma)', 
1672.    Signed  per  their  order, 

JOHN  SAXFORD, 
Clerke  of  the  Assembly. 
Superscribed. 

To  the  Honored  John  Winthrop.  Esq.,  Governor  of  his 
Majesties  Collony  of  Connecticut.  Delivered  to  be 
communicated  to  the  Generall  Assembly  of  that 
Collony* 

Letter  from  Rhode  Island  to  Connecticut. 

Gentlemen  :  Wee  seariously*  and  heartily  wish  your 
welfaire  in  order  to  a  letter  of  ours,  sent  to  you  by  some 
of  Westerly  men,  bearinge  date  1st  May,  1672,  wherein 
wee  proposed  to  you  to  require  your  people  to  forbeare  to 
mollest  the  men  of  Westerly  ;  for  that  our  intents  were 
very  reall  suddainly  to  propose  some  faire  way  to  compos- 


*  L&ter  from  Connecticut  to  Rhode  Island. 

Hartford.  May  9th.  1672. 
Honored  Gentlemen  :  Tour  loueing  lines  bearing  date  the  1st  of  the  moneth, 
we  haue  received :  which  came  unexpectedly,  when  we  were  not  without 
thoughts  of  moueing  towards  a  farther  settlement  and  asserting  of  our  gou- 
ernmeut  in  the  Xarragansett  country.  Yert  seeing  yourselnes  haue  intimated 
your  hearty  desires  that  an  amicable  way  might  be  found  out  to  issue  our  dif- 
ferences here  loueiDgly.  with  your  resolution  to  consult  some  way  for  the  ef- 
fecting of  the  same  :  assuring  us  that  we  shall  suddanely  bear  farther  from 
you,  we  haue  for  present  suspended  our  purposes  and  endeauoured  to  accom- 
modate your  intentions,  and  shall  be  ready  by  a  Committee  of  ours  now  pre- 
pared to  consult  with  a  like  Committee  of  yours  here.  The  best  way  to  estab- 
lish agreement  and  issue  of  all  differences  between  us.  and  we  are  dayly  waiting 
to  hear  from  you ;  and  if  any  obstackle  come  in  the  way.  to  hinder  this  good 
worke.  it  will  be  from  yourselues,  not  from  us :  for  we  shall  be  ready  to  com- 
ply so  farr  as  rule  and  reason  requires,  and  approue  ourselues  to  be.  Honored 
Sirs,  your  assured  friends  and  neighbors, 

The  Generall  Court  of  Comiecticutt.    Signed  >by  their  order, 

Per  me,  J.  ALLYX,  Sec  ry. 
These  for  the  Honored  the  Governour  of  Rhode  Island.  Arc,  to  be  commu- 
nicated to  the  Honored  Generall  Court  or  Councill  of  that  Collony. — 
R.  I.  Hist.  Soc.  Manuscripts,  p.  IS 5-6. 


460 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1672.  ure  of  the  said  differences  betweenc  your  Collony  and  ours 
~*^<~*»'  and  to  send  to  you  about  it.  In  pursuance  whereof,  wee 
have  thought  fitt  to  send  those  unto  you  to  acquaint  you 
that  our  desires  are  to  give  you  a  meeting  at  any  place 
that  may  bee  convenient  for  that  purpose  ;  and  if  you  see 
good,  wee  propose  the  place  to  be  New  London  or  Mr. 
Smith's  house,  in  Narragansett,  or  any  place  betweene 
the  places  above  nominated,  if  you  see  good,  or  any  other 
place  that  you  propose  and  may  be  convenient  for  us  ; 
and  to  that  end,  we  have  chosen,  deputed  and  fully  impow- 
ered  these  persons  hereafter  named,  to  treate  with  you 
about  the  premises,  and  fully  to  conclude  and  make  a  fynall 
end  and  issue  thereof  in  a  loveinge  and  peaceable  way  as 
neighbours  and  ffriends,  and  not  as  enemys.  The  persons 
appointed  and  commissionated,  are  Mr.  Richard  Smith, 
Mr.  ffrancis  Brinley,  Mr.  John  Easton,  Assistants ;  John 
Sanford,  Recorder  ;  Mr.  Roger  Williams,  Capt'n  Randall 
Ho  widen,  and  Mr.  Jireh  Bull.  Wherein  wee  have  noe 
cause  to  doubt  but  that  a  faire  complyance  and  composure 
will  bee  of  these  differences  though  hitherto  they  have 
been  impeded,  to  the  detriment  of  both  the  Collonys  and 
discreditt  to  the  King's  authority,  which  was  granted  to 
us  both  by  his  royall  Charters. 

Gentlemen,  you  may  believe  us,  wee  are  reall  in  what' 
wee  propose  unto  you  ;  and  have  waded  through  many 
difficulties  to  attaine  to  this  ;  and  doe  intend  with  the 
Lord's  assistance,  at  last  to  make  an  end  of  these  trouble- 
some affaires  with  you,  unless  you  hinder  the  progress 
thereof ;  wee  will  assure  you  the  fault  shall  not  lye  in  us. 
Wee  have  not  further  to  propose  to  you  at  present ;  but 
that  if  you  accept  thereof,  you  will  commissionate  some  to 
meet  with  our  Commissioners  fully  impowered  as  ours 
are  ;  and  that  you  wordd  pitch  upon  the  place,  and  ap- 
point the  time  with  as  much  expedition  as  may  be,  and 
send  us  your  answer  hereto,  which  wee  desire  may  bee  as 
soone  as  your  conveniency  will  permitt,  which  now  wee 
wait  with  sanguine  expectation  to  heare  from  you  by  the 


AND  PROVIDENCE  PLANTATIONS. 


461 


nearer  hereof,  Mr.  Jireh  Bull,  or  whome  he  shall  think  1672. 
fitt,  whome  wee  have  on  purpose  sent.  ^^-v-^ 
We  remaine  your  loveinge  friends  and 
neighbors,  the  Generall  Assembly  of 
his  Majesties  Collony  of  Rhode  Island 
and  Providence  Plantations,  &c,  be- 
gan the  1st  of  May,  1672,  and  con- 
tinued by  adjournments  to  this  14th 
of  May,  1672.    Signed   per  their 
order.        JOHN  SANFORD,  Recorder. 
These  to  the  Honored  Governor  and  Councill  of  his 
Majesties  Collony  of  Connecticut,  deliver. 

Voted,  that  this  Assembly  is  adjourned  untill  the  30th 
day  of  July  next,  and  then  to  assemble  againe  in  order  to 
many  weighty  affaires  dependinge,  that  at  present  cannot 
be  issued. 

At  a  meetinge  of  the  Generall  Councill  held  at  Newport,  the 
17th  of  June,  1672,  Mr.  Nicholas  Easton,  Governor, 
Capt.  John  Cranston,  Deputy  Governor,  Mr.  Richard 
Smith,  Mr.  Francis  Brinley,  Mr.  John  Easton,  Mr. 
Joshua  Coggeshall  and  Capt'n  John  Greene,  Assistants,- 
beinge  present. 

The  Recorder  is  appointed  to  supply  the  place  of  Sec- 
retary to  the  Councill  untill  there  be  one  chosen. 

The  Councill  havinge  received  and  perused  the  coppies 
of  two  letters  from  his  Majestie  vnto  the  Massachusetts 
Collony  to  be  communicated  to  the  rest  of  his  Collonys  in 
New  England,  together  with  his  Majesties  Declaration  of 
Warr  against  the  States  Generall  of  the  United  Provinces. 

It  is  ordered,  that  our  Honored  Deputy  Governor  doe 
take  care,  and  he  is  hereby  empowered  to  cause  the  said 
Declaration  to  be  forthwith  published  and  proclaimed  in 
the  towne-  of  Newport.  And  that  Mr.  Richard  Smith, 
Assistant,  shall  in  this  Collonys  name  and  behalfe  cause  the 
said  Declaration  to  be  published  and  proclaimed  at  and  in 
the  Narragansett  country.  And  that  Capt.  Arthur  Fen- 
ner,  Assistant,  shall  cause  the  said  Declaration  to  be  pub- 


402 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1672.  lishcd  and  proclaimed  in  the  towne  of  Providence.  And 
•^-^•^tliat  Mr.  William  Baulston,  Assistant,  nhall  cause  the  said 
Declaration  to  be  published  and  proclaimed  in  the  towne 
of  Portsmouth.  And  that  Capt.  John  Greene,  Assistant, 
shall  cause  the  said  Declaration  to  be  published  and  pro* 
claimed  in  the  towne  of  Warwicke. 

It  is  ordered,  that  the  Generall  Councill  of  this  Collony 
doe  assemble  and  convene  at  Newport,  at  the  house  of 
Capt'n  Morris,  on  the  25th  of  this  instant  June,  and  that 
they  be  called  by  notice  from  the  Governor. 

June  26th. 

John  Sanford,  Generall  Recorder,  is  chosen  Secretary 
to  the  Councill  for  this  ensuinge  yearc. 

The  Secretary,  John  Sanford,  is  ordered  and  impowered 
to  receive  ffoin  the  late  Secretary,  Mr.  Richard  Baily, 
such  writings  in  his  hands  that  belong  to  the  Councill,  and 
the  Councill's  seale. 

John  Sanford,  Secretary,  beinge  sent  to  Mr.  Benedict 
Arnold,  late  Governor,  and  hath  from  him  returned  five 
peeces  of  writinge,  and  they  are  by  the  Councill  received* 
and  three  of  them,  viz.,  two  letters  from  his  Majestie  ; 
the  one  dated  the  23d  of  Aprill,  1664  ;  the  other,  the 
10th  of  Aprill,  1666  ;  and  the  King's  Commissioners 
orders  concerninge  the  Narragansett  country,  beinge 
called  the  Kings  Province,  &c,  and  committed  to  the 
Governors  keepeinge,  to  be  kept  with  the  Charter ;  the 
other  two  beinge  a  letter  from  Connecticut,  dated  the  21st 
of  July,  1670  ;  and  a  letter  from  Mr.  Robert  Carr  to 
Thomas  Stanton,  dated  the  13th  March,  1665,  and  com- 
mitted to  the  Recorder. 

Alsoe  the  coppies  of  two  letters  from  his  Majestie,  sent 
to  us  from  Boston,  are  committed  to  the  Governor's  keepe- 
inge, to  be  alsoe  kept  with  the  Charter. 

It  is  ordered,  that  the  Secretary  doe  draw  out  fower 
copies  of  his  Majesties  late  letters  concerninge  Reprisalls 
and:  Proclamation  of  Warr  against  the  States  Generall  of 
the  United  Provinces  ;  the  copies  for  the  fower  townes  of 


AND  PROVIDENCE  PLANTATIONS. 


4 1.:> 


Newport,  Providence,  Portsmouth,  and  Warwick  ;  and  1672. 
to  be  paid  therefor  by  the  Gencrall  Treasurer.  >^-v~^ 

Whereas,  wee  have  received  speciall  order  from  his 
Majestie  for  the  Proclamation  of  Warr  against  the  Dutch, 
and  the  puttinge  this  Collony  into  a  posture  of  defence, 
this  Councill  doe  recommend  and  doe  order  and  empower 
the  Magistrates,  together  with  the  Captain,  Leivtenant, 
and  Ensigne  of  the  respective  townes,  or  the  major  part 
of  them,  to  take  care,  order  and  putt  the  inhabitants  of 
each  towne  into  the  best  posture  of  defence  may  be,  for 
the  maintaininge  the  King's  interest  in  this  Collony  ; 
and  to  that  end,  to  act  and  order  to  the  best  of  their  dis-# 
cretion,  untill  the  Generall  Assembly  or  Councill  take 
further  order ;  and  especially  to  take  care  for  powder, 
shott  and  ammunition,  and  to  inquire  after  and  secure 
what  may  be  found  in  the  Collony. 

And  it  is  ordered,  that  the  Secretary  doe  forthwith  send 
letters  in  the  name  of  this  Councill  unto  the  Collonys  of 
the  Massachusetts,  Plymouth  and  Connecticutt,  desiringe 
their  advice  and  concurrance  for  the  countrys  security. 

It  is  ordered,  that  Mr.  Richard  Smith  is  empowered  to 
take  the  best  course  he  can,  to  putt  the  inhabitants  of  the 
King's  Province  in  the  Narragansett  country  into  a  pos- 
ture of  defence. 

The  Councill,  upon  the  consideration  of  many  weighty 
affaires,  doe  see  cause,  and  doe  adjourne  untill  the  16th 
day  of  July  next. 

It  is  ordered,  that  the  Secretary  of  the  Councill  shall 
send  copies  of  these  and  the  last  Councills  acts  unto  the 
Magistrates  of  the  severall  townes,  under  the  seale  of  the 
Council. 

Letter  from  Rhode  Island  to  Massachusetts, 

Honored-  Gentlemen  :  Wee  lately  received,  vnder  cov- 
ert from  your  Secretary,  copies  of  two  letters  of  his 
Majestie  directed  to  your  Collony,  to  be  communicated  to 
the  other  Collonys,  with  his  Majesties  Declaration  of 
Warr  against  the  States  Generall  of  the  United  Prov- 


*-■ 


4G4 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAN©, 


1072.  inccs  ;  and  accordingly,  wee  have  proceeded  therein,  and 
-^^v  further  in  pursuance  thereof,  and  in  obedience  to  his  Maj- 
esties command,  wee  have  thought  fitt,  and  doe  hereby 
recommend  unto  you,  our  desires  jointly  with  your  selves 
to  consider  of  the  condition  and  state  of  affaires  in  generall, 
these  appceringe  times  of  danger,  and  with  what  speed 
may  be  to  provide  for  the  safety  and  defence  of  the  whole, 
&c,  as  may  be  judged  most  requisitt  and  convenient  by 
your  selves,  and  our  neighbour  Collonys  with  us,  to 
whome  wee  have  likewise  writt  to  the  same  effect.  And 
to  that  end,  wee  desire  you  will  please  to  make  a  returne 
.to  us  by  the  bearer,  Mr.  Henry  Bull,  by  way  of  advice  in 
the  premises,  which  wee  shall  loveingly  and  freely  em- 
brace, and  from  time  to  time  attend  to  what  may  be  ad- 
judged necessary  and  commodious  by  the  whole  for  the 
publick  good  and  defence  thereof. 

In  the  meane  time,  wee  desire  liberty  from  you  to 
transport  hither  what  powder,  shott  and  ammunition  wee 
shall  see  cause  to  procure  in  your  Collony  ;  only  for 
the  defence  of  this  place,  and  for  noe  other  end  or 
intent.    For  wee  are  informed  of  a  prohibition  of  that 
commoditie  with  yours,  not  to  be  transported  without 
leave.    Thus  with  our  hearty  respects,  wee  subscribe.* 
Your  affectionate  ffriends  and  neigh- 
bours.   Signed  by  order  of  the  Gov- 
ernor and  Councill  of  his  Majesties 
Collony  of  Rhode  Island  and  Provi- 
dence Plantations,  &c,  sittinge  the 
25th  day  of  June,  1672. 

JOHN  SANFORD,  Secretary. 
These,  for  the  Honored  Richard  Bellingham,  Esq., 
Governor  of  the  Collony  of  the  Massachusetts.  To 
be  also  communicated  to  the  rest  of  the  Honored 
Councill  of  that  Collony. 


♦Similar  letters  were  written  to  the  Governors  of  the  Colonies  of  Plymouth 
and  Connecticut. 


aKd  providence  plantations.  465 

1672. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  30th  of  October,  1672. 

Mr.  Nicholas  Easton,  Governor. 

Capt'n  John  Cranston5  Deputy  Governor. 


ASSISTANTS. 


Mr.  Richard  Smith, 
Mr.  Francis  Brinley, 
Mr.  John  Easton, 
Capt.  Arthur  Fenner, 
Mr.  Thomas  Harris, 


Mr.  Henry  Browne, 
Mr.  William  Baulston, 
Mr.  Joshua  Coggeshall, 
Capt.  John  Greene, 
Mr.  Benjamin  Smith. 


DEPUTIES. 


For  Newport. 
Mr.  Walter  Clarke, 
Mr.  John  Gould, 
Mr.  Peter  Easton, 
Mr.  Edward  Thurston, 
Mr.  Daniel  Gould, 
Mr.  Henry  Bull. 

For  Providence. 
Mr.  William  Harris, 
Mr.  Samuel  Reape, 
Mr.  Pardon  Tillinghast, 


Mr.  Thomas  Borden. 

For  Portsmouth. 
John  Sanford, 
Mr.  John  Tripp, 
Mr.  John  Anthony, 
Lieut.  William  Cadman. 

For  Warwicke. 
Capt.  Randall  Howldon, 
Mr.  Thomas  Greene, 
Mr.  John  Potter, 
Mr.  Elizeh  Collins. 


The  Deputy  Gov'r  chosen  Moderator  of  this  Assembly. 

John  Sanford,  Clerke  of  the  Assembly. 

Voted,  that  whereas  there  are  many  weighty  affaires 
relateinge  to  the  publick  concernes  of  this  Cottony* 
wherein  is  desired  a  full  assistance  and  concurrance  in 

vol  ii.  59 


4C6 


RECORDS  OF  THE  COLONY'  OF  RHODE  ISLAND, 


1G72.  this  Court,  and  there  not  appeareinge  such  a  number  of 
^*~v~*-'  .Magistrates  and  Deputys  from  the  townes  of  Providence 
and  Warwick,  as  was  hopefully  expected,  this  Court  doe 
order,  that  byboate  or  otherwise,  if  winde  and  weather  be 
contrary,  a  messinger  be  sent  to  signify  to  the  Magistrates 
and  Deputies  of  the  said  two  townes,  that  the  Court  doe 
desire  their  presence  and  assistance  ;  and  Mr.  Peter 
Easton,  Generall  Treasurer,  is  impowered  and  authorized 
to  cause  this  act  to  be  putt  in  execution.  And  it  is  or- 
dered, that  the  Clerke  of  this  Assembly  shall  draw  up  a 
letter  in  the  name  of  this  Assembly,  to  signify  the  Courts 
minde  herein. 

Voted,  thereupon  the  Court  is  adjourned  till  Wednes- 
day next,  the  Gth  of  November. 

November  Gth,  1G72. 
At  the  re-meeting  of  the  Generall  Assembly  according 
to  the  aforesaid  adjournment,  November  6th,  1672. 

Voted,  that  the  petition  of  the  inhabitants  of  Block 
Island  to  this  Court,  for  their  beinge  granted  the  liberty 
and  priviledge  of  a  towneship,  shall  be  first  adjitated. 
Voted,  fforasmuch  as  the  inhabitants  of  Block  Island, 
JfhBiockue-rviz-  :  Mr-  James  Sands,  Mr.  Thomas  Terry  and  others,. 
Netn*med  expressed  in  their  paper,  have  presented  their  request  to 
have  granted  and  enacted  by  this  Assembly  that  they  may 
have  liberty  of  a  towne  and  like  libertyes  (according  to 
the  Charter)  with  other  townes  in  this  Collony,  and  their 
reasons  showed  of  their  said  request  of  a  towmeship,  &c, 
and  the  said  called  Shoreham. 

This  Assembly  have  considered  the  said  petition,  and 
weighed  their  reasons,  and  senceably  see  a  great  necessity 
of  the  preservation  of  his  Majesties  peace  more  fully  than 
as  yett  is  provided  for  on  the  said  Block  Island,  with  more 
conveniency  and  ease  to  the  said  inhabitants,  they  liveinge 
remote  and  being  soe  farr  in  the  sea,  cannot  without  great 
danger  and  charge  accomplish  their  peace  and  safety  but 


AND  PROVIDENCE  PLANTATIONS. 


as  aforesaid  ;  and  alsoe  consideringe  their  numbers  and  10 
quality  as  thought  fitt  by  this  Assembly,  for  such  betrust*-*- 
and  fitt  to  injoy  such  liberty. 

Therefore,  bee  it  enacted  and  by  this  Assembly  is  en- 
acted, that  the  said  Mr.  James  Sands,  Mr.  Thomas  Terry, 
and  the  rest  of  the  freemen  on  record  expressed  in  their 
said  paper  read  in  this  Assembly,  shall  have,  and  hereby 
have  towneship  authority  and  liberties  as  followeth  for 
the  preservation  of  his  Majesties  peace.    The  said  ffree- 
,  men  of  this  his  Majesties  Collony  (inhabitants  of  the  said 
Block  Island),  shall  upon  the  reception  of  this  act  (with 
all  convenient  speed),  assemble  them  selves  together  in 
some  convenient  place  on  the  said  Island,  and  then  and 
there  shall  choose  two  of  the  said  free  men  able  and  well 
qualifyed  for  the  preservation  of  his  Majesties  peace  ;  the 
said  two  persons  to  be  elected  by  the  major  part  of  such 
freemen  as  shall  assemble  at  the  said  time  and  place. 
And  beinge  elected  (as  afore  said),  the  said  two  persons 
names  shall  be  returned  to  the  Governor  and  Deputy 
Governor,  or  either  of  them  (in  the  absence  of  the  other), 
who  shall  engage  the  said  two  persons  elected  upon  their 
or  either  of  their  appearance  at  Newport,  or  to  be  re- 
quired by  writt  there  to  appeare,  if  they  appeare  not 
without  writt,  whose  engadgement  shall  be  accordinge  to 
the  tenure  of  the  engadgement  of  other  officers  consider- 
inge  their  offices. 

And  that  the  said  elected  and  engadged  persons  shall 
be  called  Wardens  ;  the  first  that  shall  be  elected  shall  be 
called  head  "Warden,  and  the  second  elected  Deputy 
Warden.  Butt  for  all  future  Wardens  soe  elected,  shall 
have  power  as  followeth,  viz.,  when  a  new  choyce  is  made 
of  another  head  Warden,  immediately  he  shall  be  en- 
gadged by  the  Deputy  Warden,  and  a  new  Deputy 
Warden  beinge  chosen,  shall  be  engagded  by  the  head 
Warden  last  chosen,  by  the  then  election.  Soe  beinge 
elected  and  engaged,  shall  be  impowered  as  followeth, 
viz.,  shall  have  authority  or  either  of  them  shall  have 


4G8 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G72.  authority  to  send  forth  writts  in  his  Majesties  name, 
-^^-^  under  their  hands  to  require  the  said  freemen  to  meet 
upon  all  just  occasions,  and  elect  two  for  Deputys  to  sitt 
in  tho  law  makeinge  Assembly  of  this  his  Majesties  Col- 
lony  when  by  writt  required  thereto,  and  Deputys  to  sitt 
in  such  Assemblys  as  are  mentioned  in  the  pattent,  and 
send  them  thereto  ;  though  by  reason  of  winde,  weather 
and  distance  by  sea,  writts  should  fayle  to  be  sent  to  them 
to  require  them.  And  by  writt  to  require  the  said  free- 
men to  meete  four  times  in  the  ye  are  for  their  said  towne  . 
affaires,  for  the  makeinge  of  such  order  or  bye  lawes  as 
may  be  needfull  for  theire  better  management  of  their  af» 
faires  amonge  them  selves  accordinge  to  their  constitution, 
not  opugninge  the  laws  of  his  Majesties  realme  of  Eng- 
land, his  patent,  nor  the  laws  of  this  Collony,  agreeable 
thereto  ;  and  that  the  said  Wardens  or  one  of  them,  re- 
quire the  said  freemen  to  meete  for  the  first  of  the  said 
four  meeteings  as  soone  as  convenient,  after  they  are  en- 
gaged to  theire  said  office,  from  which  said  meetinge  shall 
begin  the  said  yeare. 

And  at  the  said  first  meeteinge  of  the  said  freemen  of  the 
said  Island,  the  major  part  of  them  being  met,  shall  elect  a 
Clerke,  and  shall  provide  a  book  or  books,  as  need  shall 
require  ;  and  that  the  said  Wardens  or  either  of  them,  in 
the  absence  of  the  other,  shall  engage  the  said  Clerke  to 
the  faithfull  performance  of  his  office  accordinge  to  the 
tenure  thereof;  and  that  the  said  Clerke  record  in  a 
booke  or  books  of  the  acts  of  the  freemen  in  their  towne 
affaires,  as  to  lands  and  bounds  thereof,  all  publications  of 
marriages  to  bee  returned  to  him  by  the  publishers  ;  all 
marriages,  all  births,  all  burialls,  all  actions  to  bee  there 
commenced,  and  the  progress  thereof. 

And  to  make  such  returns  to  the  Assembly  or  Court  of 
Tryalls  of  this  Collony,  as  need  shall  require,  and  the  law 
injoyne  such  Clerkes  to  performe,  all  and  every  other 
thinge  pei  taininge  to  the  office  of  the  Towne  Clerke  of  this 
Collony,  though  not  herein  exprest. 


AND  PROVIDENCE  PLANTATIONS.  4G9 

And  that  the  said  freemen  (the  major  part  of  them  1672. 
met),  at  the  said  first  Court  quarter  meetinge  shall  elect  a 
Sergeant  for  the  said  freemen  to  meetings  by  the  aforesaid 
writts,  and  to  searve  other  writts  ;  who  shall  bee  engaged 
to  the  faithfull  performance  of  his  office,  accord inge  to  the 
tenure  thereof,  by  the  said  Wardens,  or  one  of  them. 

And  that  the  aforesaid  freemen  (the  major  part  of  them 
met),  at  the  said  first  quarter  meetinge,  shall  elect  a  Con- 
stable or  Constables  if  need  require  ;  two  or  more,  for  the 
apprehension  of  the  breakers  of  the  peace,  wanderinge  per- 
sons, fellows  ;  and  to  doe  any  other  thinge  appertaininge 
to  the  office  of  a  Constable. 

And  that  the  said  freemen,  at  the  said  meetinge,  shall 
choose  three  wise,  honest  men,  who  shall  bee  added  to  the 
two  Wardens  for  the  Towne  Councill,  to  have  like  au- 
thority as  other  Towne  Councills  have. 

Butt  forasmuch  as  it  is  just  that  all  men,  as  well  as 
meane  men  should  be  saved  harmless  in  their  estates, 
as  rich  men  in  their  great  estates  ;  and  that  the  charge  to 
obtain  a  title  should  not  be  a  great  charge,  nor  they  forced 
to  obtain  and  undertake  soe  great  trouble  and  charge  as 
to  come  to  the  Generall  Court  of  Tryalls,  which  by  reason 
of  the  distance  by  sea  many  times  cannot  come  because  of 
danger  and  hinderances  divers  ways. 

Therefore,  be  it  enacted  and  it  is  by  this  Assembly  enr  Block  wan* 
acted,  that  the  said  Wardens  shall  have  authority  when  above  jbs. 
need  shall  require,  on  the  said  Island,  and  in  the  said 
towne  (followinge  to  be  named),  to  hold  pleas  of  actions 
of  account,  debt,  detinue,  trespass  and  of  the  case  to  the 
vallue  of  five  pounds  sterling,  of  New  England  money,  or 
to  the  vallue  of  five  pounds,  currant  pay  of  this  country, 
with  or  to  the  merchants,  and  not  above.  And  to  pro- 
ceed in  the  said  actions  accordinge  to  the  lawes  of  his 
Majesties  realme  of  England  (soe  farr  as  the  constitution 
of  the  place  will  admitt),  and  accordinge  to  due  forme  of 
lawe  in  this  Collony  agreeable  thereto,  and  the  said  pleas 
to  be  held  on  either  of  the  said  four  quarter  meetinges  (be- 


470  RECORDS  OP  THE  COLONY  OF  RHODE  ISLAND, 

1G72.  fore  mentioned),  and  on  the  adjournments  of  either  of 
v*^v*^''them,  oi  at  any  other  time  of  necessity  by  reason  of  dan- 
gers and  straiugers  that  may  happen  there  to  be,  the  times 
appointed  by  the  Wardens.  And  that  the  actions  shall 
be  tryed  by  twelve  honest,  impartial!  men  there,  not  of 
kindred  to  the  plaintiff  or  defendant,  nor  interested  in  that 
case,  they  that  are  jurriors,  and  least  suspected  ;  and  if 
any  junior  be  challenged  be  plaintiff  or  defendant,  for  the 
said  reasons  he  shall  have  his  said  challenges  of  favour 
therein.  And  all  the  inhabitants  shall  answer  by  summons, 
and  the  fees  of  each  juryman  shall  be  sixpence  in  the  said 
cases  ;  nevertheless,  appeals  to  be  allowed  as  the  law  is. 
And  each  writt  six  pence  ;  and  the  servcinge  of  it  six 
pence.  And  for  searvinge  the  execution,  twelve  pence 
upon  the  pound,  for  that  delivered  to  the  party  by  execu- 
tion, to  be  cost  of  Court. 

Alsoe,  further  be  it  provided,  that  all  greater  sums 
shall  be  tryed  in  the  Gcnerall  Court  of  Tryalls,  and  bound 
thereto  by  the  defendants  bond  to  the  Sergeant  there,  who 
is  to  be  by  the  law  of  this  Collony  the  Generall  Sergeants 
Deputy. 

Furthermore,  be  it  provided  for  his  Majesties  peace, 
Block  island  that  the  said  Wardens  shall  have  the  conservation  thereof, 
power.  Qn  £jie  jsiall(|)  anj  throughout  the  said  towne  ;  and 
shall  have  authority  as  Justices  of  the  Peace  to  require 
before  them  all  and  every  person  •  breakingc  the  same,  or 
suspected  for  any  crime,  for  examination  ;  and  upon  wit- 
ness of  the  guilt  thereof,  to  imprison  or  binde  over  the 
party  or  partys  to  the  Generall  Court  of  Tryalls,  as  law 
and  justice  requires,  and  returne  their  proceedings  to  the 
said  Court.  And  further,  that  the  said  Wardens  or  either 
of  them,  shall  have  authority  for  publication  of  persons 
intentions  declared  to  them  of  marriage  (desireinge  it  to 
be  published)  ;  and  that  all  marriages  be  solemnized 
before  the  said  Wardens,  or  either  of  them,  and  to  make 
returne  to  the  Towne  Clerke  aforesaid,  for  memoriall  of 
their  lawfull  marriages,  as  many  causes  may  require. 


471 


And  farther  more  bee  it  enacted,  that  the  said  towne  1672. 
on  Bloek  Island,  at  the  request  and  for  the  reasons  by  the  s^*-^* 
inhabitants  showed,  and  as  skrnes  of  our  unity  and  like-  -w 
ness  to  many  parts  of  oar  native  country,  the  said  Block 
Island  shall  be  called  New  Shoreham,  otherwise  Block 
Island. 

Farther  more  provided,  that  such  persons  as  shall  be 
for  the  future  nominated  bj  the  said  towne  of  Shoreham  to 
the  Assembly,  and  desired  to  be  made  freemen,  such  said 
men  beinge  made  free  by  the  Assembly,  shall  have  and 
in  joy  all  liberties  in  and  of  elections,  as  the  present  free- 
men of  the  said  towne  hare  by  this  present  act  any  thinge 
in  this  present  act  (seemeinge)  to  the  contrary  nothwith- 

SZ;\Z.l:.--Zr. 

And  it  is  ordered,  that  this  act  shall  be  subscribed 
under  the  hand  of  the  Gierke  of  this  Assembly,  with  the 
seale  of  the  Collony  ;  for  which  the  Clerke  of  the  Assem- 
bly of  the  said  Xew  Shoreham,  otherwise  Block  Island, 
shall  have  twenty  shillings  silver  pay. 

Voted,  that  Mr.  Richard  Smith,  Mr.  Francis  Brinlev, r"  J'Ll 
and  John  Tripp,  Mr.  Walter  Clarke,  Mr.  Peter  Easton,  tSSS* 
Mr.  Daniel  Gould,  Mr.  Peleg  Sanford,  Mr.  Richard  ilS ^i^" 
Baily,  and  John  Sanford,  are  chosen  a  Committee  for 
anditting  the  late  GeneraH  Treasurer's,  Mr.  John  Cogges- 
hall's  accounts  ;  and  they  or  the  major  part  of  them,  have 
full  power  to  auditt  the*  said  accounts,  and  make  returoe 
thereof  to  the  Generafl  Assembly,  to  be  held  in  May  next ; 
and  they  are  appointed  to  hare  and  hold  their  first  mee  tinge 
on  this  matter,  on  the  2d  day  of  December  next,  at  Capt. 
Morr ice's  house,  in  Newport,  and  soe  to  continue  untill 
they  hare  finished  that  worke  ;  and  upon  the  finishinge 
the  said  auditt,  they  or  the  major  part  of  them  receiveinge 
and  agreeinge  on  the  accounts,  have  the  power  of  this 
Assembly  to  give  the  said  Mr.  John  Coggeshall  a  full 
acquittance  discharge  in  the  Collonys  name  and  behalfe. 

Voted,  whereas  the  Kings  Majesty  hath  been  pleased 
to  grant  to  this  Collony  for  the  safety  of  his  subjects  and 


472 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


]G72.  the  maintainance  of  good  law,  that  seven  at  least  of  the 
v^-.-^t/  magistrates  shall  be  in  to  make  up  the  Generall  Assem- 

Miijriatrates  .  . 

»«PeP«:  bly  ;  and  whereas,  there  is  a  clause  alsoe  in  his  Majesties 

llM  to  Silt  J     '  '  J 

Stel^em-  grant  to  this  Collony,  that  soe  many  Deputys  as  shall  bee 
present  with  the  aforesaid  Magistrates,  shall  be  a  Generall 
Assembly  ;  his  Majesties  wisdom  doubtless  deemeinge  a 
major  parte  of  the  peoples  representatives  would  not  be 
wantinge  in  such  needfull  matters. 

Butt  forasmuch  as  oft  experience  proves  the  want  of 
such  number  of  Deputys,  viz.,  the  major  part  in  the  said 
Assembly  ;  and  forasmuch  as  his  Majestic  hath  provided 
in  case  of  invasion  of  an  enemy,  the  Governor  and  Coun- 
cill  have  therein  authority  as  the  said  Assembly  have  au- 
thority, without  the  Assembly  can  come  together. 

Therefore,  for  the  preventinge  of  many  differences  and 
disputes  for  the  future,  bee  it  enacted  and  hereby  it  is 
enacted,  that  in  all  such  straights  and  dangers,  which  may 
suddainly  happen,  that  seven  of  the  Magistrates,  and  soe 
many  of  the  Deputies  as  shall  with  them  then  be  present, 
shall  be  a  Generall  Assembly,  although  there  then  should 
happen  not  to  be  a  major  part  of  the  Deputies. 

Butt  forasmuch  as  by  the  good  old  laws  of  our  native 
country  as  exprest  in  the  Petition  of  Right*  of  3d  of 
Charles  the  First,  that  the  subjects  of  his  Majesties  realme 
of  England  have  inherited  this  freedom,  that  they  should 
not  contribute  to  any  tax,  &c,  but  such  as  were  by  com- 
mon consent  in  Parliament. 

And  forasmuch,  as  the  House  of  Commons  is  the  peo- 
ples representatives  there,  and  the  Deputys  the  represen- 
tatives of  the  freemen  here  :  therefore,  for  the  preventinge 
great  and  emminent  dangers  of  pretended  debts,  which  by 
some  mens  subtilty  and  others  simplicity,  this  Collony 
may  unjustly  and  undoubtedly  incurr,  bee  it  enacted  and 
by  this  Assembly  it  is  enacted  (wherein  a  major  part  of  the 
Deputyes  now  are),  that  noe  tax  nor  rate  from  henceforth 
shall  be  made,  layd  or  levied  on  the  inhabitants  of  this 
Collony  without  the  consent  of  the  Deputys  present  per- 


AND  PROVIDENCE  PLANTATIONS. 


473 


taining  to  the  whole  Collony,  as  there  must  be  a  major  1672. 
part  of  the  Assistants  (by  the  Charter),  nor  any  way  *s^*mi/ 
bringe  the  Collony  in  debt  by  any  meanes. 

And  forasmuch,  as  there  may  be  great  and  many 
weighty  matters  respecting  the  King's  honor  here,  and  his 
subjects  greatest  liberty's  undermined  subverted,  by  subtil- 
ty  for  some  men's  sinister  ends,  who  mostly  pretend  the 
peoples  profits  thereby ;  but  that  there  may  be  the  better 
observation  of  such  designes. 

Be  it  enacted,  and  bv  this  Assembly  it  is  enacted,  that  in  in  what 

*  ca.»es  there 

all  weighty  matters,  wherein  the  King's  honor  is  most mu9£  be  the 

O     J  3  O  major  part 

concerned,  and  the  peoples  antient  right  and  libertys  ue?conepu" 
most  jeoparded  for  want  of  mature  councill  ;  that  then sentmge' 
and  at  all  such  times  and  upon  all  such  occasions, 
the  Assembly  shall  be  the  major  part  of  the  Deputys 
belonging  to  the  whole  Collony,  as  there  must  be 
the  major  part  of  the  Asssistants  (by  the  Charter). 
Butt  otherwise,  such  said  act  (if  made  without  the 
major  part  of  Deputys  present),  such  said  act  shall  be 
voyd  and  of  none  effect.  And  in  all  cases  and  upon  all 
occasions,  such  service  may  be  performed  by  the  said 
Deputyes ;  and  alsoe  with  willingness  cheerfully,  these 
considerations  followinge  for  encourragement  to  meet  with 
the  said  Assembly. 

Be  it  enacted  and  herebv  it  is  enacted,  that  everv  person  Depotie* 

*  J  *  wages. 

hereafter  to  be  elected  for  a  Deputy  to  sitt  in  the  Generall 
Assemblys,  shall  receive  in  payment  for  such  service,  each 
Deputy  two  shillings  for  each  day  from  the  time  he  or 
they  take  their  journey  to  goe  to  the  said  Assembly,  to 
the  end  of  the  said  sessions  ;  which  said  payment  shall  be 
made  by  each  towne  to  the  Deputys  sent  by  the  said 
townes  performinge  such  service  proved  to  be  done  by  a 
note  under  the  Governors,  Deputye  Governors  or  Re- 
corders hand,  witnessinge  the  same. 

Butt  if  the  said  towne  doe  not  make  present  payment 
to  such  said  Deputy  or  Deputys,  that  then  every  such 

VOL  II.  CO 


474 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G72.  Deputy  may  or  shall  discount  soe  much  as  his  rate  or  tax 
shall  be  untill  such  said  debt  be  paid. 

Nevertheless  provided,  to  avoidc  all  willful!  and  appa- 
rent oppression,  be  it  enacted,  that  noe  man  shall,  though 
elected  (if  elected  to  two  Courts  together),  be  compelled  to 
goe  untill  he  hath  had  liberty  not  to  serve  at  one  at  the 
least,  except  hee  will  go  and  serve  two  Courts  together, 
without  compulsion. 

And  further,  be  it  enacted,  that  if  any  person  be  elected 
pmaait/tora  Deputy,  and  neglect  to  goe  and  performe  in  such  ser- 
ingoen'u   vice,  hee  shall  forfitt  twenty  shillings  to  the  Generall 

Assemb'ya  J  0 

Treasury,  except  he  can  show  a  lawfull  excuse,  which 
may  soe  seeme  to  the  Assembly,  and  beinge  sick,  lame, 
hindered  with  winde  and  foule  weather,  or  such  like  ex- 
treme hindrances.  Butt  in  case  soe  many  Deputies  come 
not,  whereby  the  Court  is  disabled  to  proceed  for  want  of 
a  lawfull  number  as  aforesaid,  then  every  Deputy  ab- 
sent shall  pay  fourty  shillings  for  his  neglect.  And  that 
such  said  Deputies  repairinge  to  the  Assembly  before  he 
or  they  bee  admitted  to  vote  in  the  Assembly,  shall  take 
a  solleinn  engagement  upon  the  pcnnalty  of  perjury, 
faithfully  and  honestly  to  performe  such  service  accordinge 
to  his  best  understandingc,  and  in  the  place  of  a  Deputy 
for  the  good  and  weale  of  this  his  Majesties  Collony  ; 
TheGovv  which  said  engagement  shall  be  administered  by  the  Gov- 
Goy'rPto  ad-ernor  or  Deputy  Governor,  in  the  open  Assembly  ;  pror 
gagement!"" v^^e(^  nevertheless,  that  every  adjournment  of  any  Court 
aforesaid,  shall  be  understood  as  to  the  Deputies,  who 
shall  repaire  thither  to  bee  the  same  Court. 

And  furthermore,  seeinge  by  sad  experiance  the  neglect 
of  Assistants,  as  well  as  Deputies,  by  reason  of  such  de- 
faults, with  what  difficulty  an  Assembly  severall  times 
hath  been  obtained,  to  the  great  expense  of  time  and  neg- 
lect, not  only  of  the  publick,  but  particularly  hindrances 
very  many  ;  that  there  may  be  a  remedy  for  time  to 
come,  be  it  enacted,  and  by  this  Assembly  it  is  enacted, 


AND  PROVIDENCE  PLANTATIONS. 


that  every  Assistant  that  from  henceforth  shall  not  appear  16 
at  the  Generall  Assembly  or  Assemblys,  and  there  doe  the 
service  of  an  Assistant,  shall  forfitt  twenty  shillings  to  the 
Generall  Treasurer  ;  and  if  soe  many  doe  not  appeare 
to  fill  up  the  Assembly,  as  by  the  Charter  exprest,  that 
then  the  former  law  of  five  pounds  forfitture  to  stand  in 
force,  except  he  or  they  shall  shew  a  lawfull  excuse  for 
their  absence,  which  may  soe  seeme  to* the  Assembly,  as 
sickness,  lameness,  winde  and  foule  weather. 

And  that  the  said  forfittures  for  such  neglects  both  of^" 
the  Assistants  and  Deputies  when  they  happen,  shall  bee 
demanded  by  the  Generall  Sergeant  in  the  towne  where 
he  lives,  of  the  Assistants  that  pertaine  to  that  towne,  of 
that  forfitt  as  aforesaid  ;  and  alsoe  of  the  Deputies  of  the 
said  townes  that  are  soe  forfitted  ;  and  in  case  of  non- 
payment, or  not  sendinge  it  in  to  the  Generall  Treasury, 
the  Generall  Sergeant  shall  distraine  their  goods  and 
chattels  (which  such  goods  and  chattels  shall  not  bee  of 
such  as  persons  can  worst  spare),  and  the  distraint  shall  be 
appraised  by  two  honest  neighbours  ;  the  one  of  them 
chosen  by  the  Sergeant,  and  the  other  by  the  person 
whose  goods  were  distrained  (if  the  forfitture  will), 
which  said  appraisers  shall  be  engaged  by  the  Governor, 
l3eputye  Governor,  or  one  Assistant,  to  make  an  honest 
and  equall  appraisall  of  the  said  goods,  accordinge  to  the 
best  of  their  understandinge.  And  that  the  party  dis- 
trained, shall  have  fowerteen  dayes  to  redeem  the  said 
distraint  by  other  goods,  graine,  or  other  vendable  things, 
the  price  usually  knowne  or  agreed  on  betweene  the  Ser- 
geant and  the  party  distrained  ;  and  that  the  Sergeant 
shall  have  twelve  pence  upon  the  pound  for  his  distrain- 
inge  the  same. 

Butt  forasmuch,  as  such  forfeitures  may  happen  in  some 
towne  remote  from  the  Generall  Sergeant,  and  for  pre- 
ventinge  needless  great  expence  and  charge  of  three  pence 
a  mile  forth  and  three  pence  a  mile  back  againe,  by  which 


17G 


RECORDS  OF  THE  COLONr  OF  RHODE  ISLAND, 


1672.  said  distance  and  such  payment,  some  cannot  but  be 
Hr>-^»' grievously  oppressed,  and  the  Generall  Sergeant  need- 
lessly troubled.  Therefore,  be  it  enacted  and  is  enacted, 
that  when  any  such  forfeitures  happen  in  any  other  towne 
remote  from  the  Sergeant,  that  the  Sergeant  of  such  said 
towne  by  writt  from  the  Generall  Treasurer,  obtained  by 
him  from  the  Governor,  Deputic  Governor  or  one  Assistant, 
shall  distraine  su§h  said  forfeiture,  and  shall  as  aforesaid  be 
proceeded  in  as  to  pricers  prisealls,  and  such  manner  of 
goods  and  chattells,  and  like  time  for  redemption  and 
k  i  op-    manner  of  redemption  with  like  liberty  as  is  aforesaid  ex- 

iionof  * 

forfeitures,  prest  when  the  Generall  Sergeant  distraineth  as  aforesaid. 
Provided  nevertheless,  that  if  any  person  finde  himselfe 
grieved  by  undue  proceedinge,  that  then  such  said  person 
shall  upon  request  to  the  Gov'r,  Deputie  Gov'r  or  some 
one  Assistant,  obtaine  a  writt  of  repleve  to  the  said  Ser- 
geant, and  that  thereby  the  said  partys  grieved  give  bond 
to  the  Sergeant,  whome  it  shall  concerne,  in  double  the 
sum  distrained  ;  the  condition  whereof  shall  be,  that  the 
said  person  by  himselfe  or  attorney,  shall  appeere  at  the 
next  Court  of  Tryalls,  and  then  committ  this  issue  to  the 
good  country,  viz.  :  whether  the  said  distraint  were  law- 
full,  and  abide  by  the  verdict  and  judgment,  except  error 
or  attaint.  And  that  the  aforesaid  act  and  every  clause 
thereof,  shall  from  the  publication  thereof,  be  of  full 
force,  any  other  law  or  lawes,  clause  or  clauses  in  them  or 
either  of  them  (in  this  Collony),  to  the  contrary  thereof 
notwithstandinge. 

Voted,  forasmuch,  as  at  this  present  Assembly  difference 

Thecoiio   apneares  betwixt  the  Assembly  and  others,  about  accounts 

nysac-  rr  " 

counts.  paij  01.  not  paid  Dy  them,  received  or  not  received  by 
others,  and  for  the  preventinge  all  such  difference  (for  the 
future  withall)  ;  and  that  a  plaine  public  proofe  of  debts, 
and  payments  may  remaine  and  answer  any  such  doubt 
or  question,  that  may  arise  betweene  the  publick  and  pri- 
vate persons  (about  accounts)  : 


AND  PROVIDENCE  PLANTATIONS. 


477 


Be  it  enacted,  and  hereby  is  enacted,  that  the  Generall  1672. 
Treasurer  shall  provide  a  good  large  booke,  fitt  for  the 
said  use,  .and  shall  deliver  it  unto  the  Generall  Recorder, 
that  therein  the  Recorder  may  and  shall  record  all  debts  the 
Collony  oweth  to  any  man,  all  payments  made  by  them  to 
any  man,  and  all  debts  due  to  the  Collony  from  every  man 
or  men  ;  and  that  every  Treasurers  accounts  shall  be  re- 
ceived every  year,  and  entered  in  the  said  book  ;  and  the 
Generall  Sergeants  accounts  every  year  and  entered  in 
the  said  book  ;  and  every  other  man's  account  employed 
for  the  generall  and  the  pertickulars  of  each  ;  and  a  copie 
thereof  every  year  to  be  sent  to  every  towne  (of  the  Col- 
lony), and  every  towne  to  have  a  booke,  wherein  the 
Clerke  of  each  towne  shall  enter  the  same  for  the  due 
satisfaction  of  all  men  burdened  with  Collony  charge  ; 
provided,  nevertheless,  that  every  acccount  (wherein  is 
noe  alteration  in  the  election  of  the  Generall  Recorder) 
appointed  by  the  Assembly,  shall  enter  every  account  be- 
tweene  the  Collony  and  such  said  Generall  Assembly  ; 
and  this  act  to  stand  in  full  force  from  the  publication 
hereof,  any  law  or  laws,  clause  or  clauses  to  the  contrary 
hereof  (in  this  Collony),  notwithstandinge. 

Voted,  whereas  theVe  is  a  request  made  to  this  As-  Narragan- 

t  sett  lands. 

senibly  by  one  of  the  purchasers,  with  Major  Atherton,  of 
lands  in  the  Narragansett  country,  viz.  :  Edw.  Richmond, 
desireinge  a  revocation  of  an  act  formerly  made  for  the 
forfeiture  of  such  lands  in  this  Collony  which  should  happen 
to  be  purchased  without  the  assent  of  the  Assembly,  as 
more  fully  exprest  in  the  said  act,  and  his  said  paper,  the 
Assembly  consideringe  the  paine  and  industry  of  the  said 
purchasers  upon  the  said  land  for  soe  many  yeares  to- 
gether, the  danger  they  have  there  been  in  by  reason  of 
the  barbarous  Indians  soe  ready  to  warr,  and  other  out- 
rages as  hath  appeared  of  late,  and  consideringe  that  the 
removeinge  such  a  danger,  and  doubt  of  the  forfeiture  of 
their  lands  to  this  Collony  may  take  of  their  byas  to  an- 


478  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G72.  other,  consideringe  themselves  and  posterity  delivered 
from  the  said  danger,  and  settled  ia  peace. 

Bee  it  further  enacted  and  is  hereby  enacted,  that  the 
said  purchasers  and  partners,  with  Major  Humphrey  Ath- 
erton,  of  lands  purchased  by  them,  lyingc  and  beinge  in 
the  Narragansctt  country  as  is  exprest  in  their  deed  or 
deeds,  grant  or  grants  from  the  Narragansett  Sachems  to 
them,  the  said  purchasers  of  the  said  lands,  shall  be  a 
good  and  kiwfull  estate  and  title  thereto,  accordinge  to  the 
purport  of  the  said  grants,  to  have  and  to  hold,  and  as 
firmely  and  to  fully  enjoy  and  possess  for  their  the  said 
lands  and  appurtenances,  as  if  the  said  act  or  acts  of  pro- 
hibition of  buyinge  of  land,  in  this  Collony,  upon  the 
paine  of  the  forfiture  thereof  had  never  been  acted  or 
made  ;  any  other  former  law  or  laws,  clause  or  clauses  in 
them,  or  either  of  them,  to  the  contrary  hereof  in  any  wise 
notwithstandinge^ 

Provided  nevertheless,  for  the  maintanence  of  all  and 
every  mans  right  or  rights  in  the  law  of  justice,  which  all 
free  borne  English  men  are  borne  to  have  and  to  hold 
lands  to  defend  (which  to  them  descend),  and  as  firmly  as  to 
any  land  which  to  them  descendeth  (doe  such  men  inheritt 
their  right  in  the  law  by  a  perpetual!  estate)  ;  therefore  be 
it  enacted,  alsoe,  that  the  afore  said  act  shall  not  be  con- 
strued to  extend  to  deny  or  barr  any  person  or  persons, 
but  that  he  or  they  may  commence  his  or  their  action, 
and  prosicute  the  same  to  the  effect  to  prove  his  or  their 
title  to  any  land  in  this  Collony  ;  and  beinge  proved, 
obtaine  judgment  thereupon,  and  execution  thereof; 
and  this  act  to  stand  in  full  force  from  the  publication 
hereof,  any  former  act  or  acts  of  any  Assembly  of  this 
Collony,  to  the  contrary  hereof  notwithstandinge. 

Voted,  whereas,  there  hath  been  moneys  disbursed  by 
du'bur"-is  Mr.  William  Harris  paid  to  Mr.  Deane,  in  England,  to 
England,    reimburse  charge,  for  procureinge  the  Charter,  as  appeares 
by  Mr.  John  Clarke's  account  given  in  ;  bee  it  enacted  by 


AND  PROVIDENCE  PLANTATIONS. 


479 


this  Assembly,  and  it  is  enacted,  that  Mr.  Harris  as  he  1672*. 
hath  made  appeare,  or  any  other  person  that  cann  make 
such  disbursements  appeare,  shall  be  paid  by  the  Generall 
Treasurer,  in  computation  answerable  to  what  allowance 
hath  been  formerly  stated,  viz.  :  twenty  pounds  country 
pay,  for  ten  pounds  in  England  ;  and  this  to  be  paid  the 
first  money  from  the  Treasurer  thats  drawne. 

Voted,  whereas,  Mr.  Francis  Brinley  hath  presented  an  Mr  BrinIeJ"s 

7  *  j  r  accounts. 

account  unto  this  Assembly  for  several]  disbursements  by 
himselfe  and  others,  on  the  Collonys  account,  the  said 
accounts  haveinge  been  perused  and  considered,  are  ap- 
proved of,  the  sums  amountinge  to  three  pounds,  one  shil- 
linge,  silver  ;  and  twenty  pounds,  nineteene  shillings, 
country  pay  ;  and  is  ordered  to  be  paid  and  discharged  by 
the  Generall  Treasurer. 

Voted,  that  the  Generall  Sergeants  bill,  amountinge  to|^asn' 
fifteene  pounds,  sixpence,  shall  be  paid  to  him,  except accounts- 
what  may  appeare  to  be  already  paid. 

Voted,  whereas  an  information  and  request,  signed  ^RuThM 
George  Way,  to  have  been  presented  to  the  Assembly,  Vn7. ary 
May,  1G72,  shewinge  that  Capt'n  John  Greene  hath 
taken  upon  him  to  give  a  bill  of  divorce  to  Mary  Pray 
and  Richard  Pray,  &c,  as  more  fully  therein  expressed, 
this  Assembly  not  well  resentinge  the  said  nor  any  such 
said  thing,  and  that  if  such  said  thing  be  done  by  Capt'n 
John  Greene,  or  any  man,  they  cannot  take  it  for  any  pro- 
ceeding correspondent  with  law  or  honesty  ;  and  therefore 
declare  and  show  our  abhorrence,  that  any  Assistant  of 
this  Collony  should  give  Richard  Pray  or  Mary  Pray,  his 
wife,  a  bill  of  divorce  in  the  said  case,  or  in  the  said  case 
give  Richard  Pray  any  pretended  power  to  give  his  wife 
a  bill  of  divorce,  upon  such  proceedinge  as  have  been  con- 
cerninge  in  the  Court  of  Tryall,  but  know  tne  law  is  open 
to  any  such  offences. 

And  that  all  the  Collony  may  certainly  know  wee  give 
noe  contenance  of  any  such  proceedinge  of  Capt'n  John 
Greene,  or  any  other  Assistant  of  this  Collony,  if  they 


480  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G72.  have  or  shall  soe  act  as  for  Richard  Pray  and  Mary,  his 
v-*~v~*^  wife.  Bo  it  enacted,  that  this  our  briefe  declaration  against 
the  said  pi'oceedings  said  to  be  proceeded  in  by  Capt'n 
John  Greene,  in  the  aforesaid  paper,  and  herein  shall  be 
sent  with  the  rest  of  the  acts  of  this  Assembly  to  every 
towne  of  this  Collony,  that  they  may  know  wee  endeavor 
good  law,  all  mens  peace  and  safety,  but  no  man's  vice. 

Voted,  that  Mr.  Richard  Smith,  Mr.  Francis  Brinlcy, 
and  Mr.  John  Eastern,  Assistants,  John  Sanford,  Recorder, 
Mr.  Peter  Easton,  Treasurer,  Mr.  Walter  Clarke,  Mr.  Pe- 
lcg  Sanford,  Mr.  John  Coggeshall,  Mr.  John  Tripp,  Mr. 
Daniell  Gould,  Mr.  Weston  Clarke,  Lieut.  Joseph  Torrey, 
and  Mr.  Richard  Bailey,  are  chosen  and  appointed  a  Gen- 
erall  Committee,  to  auditt  and  have  full  power  given  and 
granted  unto  them  from  time  to  time  to  auditt  and  agree, 
they  or  the  major  part  of  them  on  any  or  all  mens  ac- 
counts, whoe  doe  charge  the  Collony  to  be  in  their  debt  ; 
and  what  the  said  Committee  or  the  major  part  of  them 
shall  agree  on,  and  signe  under  their  hands  to  any  such 
person  or  persons,  shall  be  owned  a  due  debt  from  the 
Collony,  and  truly  payable  by  the  Generall  Treasury. 
And  this  act  to  be  of  force  unto  them  untill  the  Generall 
Assembly  in  May  next. 

Voted,  whereas  Roger  Gouldinge  beinge  sentanced  by 
Rof?er  the  last  Court  of  Tryalls,  to  putt  in  sufficient  bayle  to  the 
appea's  an-  vallue  of  fifty  pounds,  to  secure  the  towne  of  Portsmouth 

b  wo  rod 

harmless  from  a  bastard  child,  borne  by  Susanah  Tal- 
man  ;  the  said  Roger  Gouldinge  beinge  the  person  whome 
she  reputed  to  be  the  father  of  the  said  childe,  this  Asseuir 
bly  upon  the  request,  appeale  and  petition  of  the  said 
Roger  Gouldinge,  doc  see  cause  to  remitt  that  sentance, 
and  acquitt  him  thereof. 

Voted,  John  Readc,  late  of  Warwicke,  beinge  chosen 
John  Reads  by  the  said  towne,  to  attend  and  serve  on  the  jury,  and 
he  not  attendinge  that  service,  was  fined  twenty  pounds 
by  the  Court  of  Tryalls,  and  he  haveinge  petitioned  this 
Assembly,  allcdginge  many  satisfactory  reasons  to  the  As- 


AND  PROVIDENCE  PLANTATIONS. 


451 


sembly  to  remitt  his  said  fine,  the  Assembly  Joe  see  good  167-3. 
cause  and  doe  remitt  the  said  fine. 

Toted,  whereas  Mrs.  Morriee  doth  petition  and  request  ^a*°r™ 
the  Assembly  that  her  grandchild,  Mary  Stoakes,  stand inge 
under  the  sentance  to  be  twice  whipt,  by  the  order  of  the 
Generall  Assembly,  held  in  March,  1609  or  1670,  that  the 
said  sentance  should  be  remitted  :  this  Assembly,  upon 
the  debate  of  the  matter,  doe  see  cause  to  order,  and  • 
hereby  doe  order,  that  if  the  said  Mar}'  Stoakes  doe  pay 
the  sum  of  five  pounds  in  silver  unto  the  Generall  Treas- 
urer of  this  Collony,  then  the  said  sentance  of  whippinge 
shall  be  remitted. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have 
twenty  shillings  from  each  of  the  fewer  townes,  for  copies 
of  this  Courts  acts,  to  goe  forth  under  the  seale  of  the 
•  Collony. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port,  the  Qth  day  of  May,  1673. 

Mr.  Nicholas  Easton,  Governor. 

Capt.  John  Cranston,  Deputie  Governor.. 


Mr.  Richard  Smith, 
Mr.  Francis  Brinley, 
Mr.  John  Easton, 
Capt.  Arthur  Fenner, 
Mr.  Thomas  Harris, 

VOL.  EL 


SISTANTS. 

Mr.  Henry  Browne, 
Mr.  William  Baulston, 
Mr.  Joshua  Coggeshall, 
Capt.  John  Greene. 
Mr.  Benjamin  Smith. 

61 


482 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1073.  DEPUTIES. 

For  Newport,     Mr.  Walter  Clarke,  engaged. 

"       .Mr.  Peter  Easton,  engaged. 

"       Mr.  John  Wood,  engaged. 

"       Mr.  Daniell  Gould,  engaged. 

"       Mr.  John  Gould,  engaged. 

"       Mr.  Henry  Bull,  engaged. 
For  Providence,  Mr.  John  Throckmorton,  engaged. 

"       Mr.  William  Harris,  engaged. 

"       Mr.  Lawra.  Wilkinson,  engaged. 

"       Mr.  Anthony  Evcrnden. 
For  Portsmouth,  Mr.  William  Hall,  engaged. 

"        Mr.  William  Wodell,  engaged. 

"        Mr.  William  Cadman,  engaged. 

"       Mr.  Robert  Dennie,  engaged. 
For  Warwicke,  Capt.  Randall  Howlden, 

"       Mr.  Richard  Carder, 

'■       Mr.  James  Greene, 

"       Mr.  Edmund  Calverlye. 


Warwicke 
Deputies 
refuse  en- 
gagement. 


Freemen 
admitted. 


Mr.  Jchn  Easton,  chosen  Moderator  of  this  Assembly. 

John  Sanford,  chosen  Clerke  of  this  Assembly. 

Voted,  that  whereas  the  Deputies,  members  of  the  Assem- 
bly, have  accordinge  to  law  by  the  Governor  been  tendered 
the  engagement  unto  the  office  of  Deputies,  all  the  severall 
Deputies  here  present  have  accepted  and  taken  the  en- 
gagement ;  only  the  Deputies  of  Warwicke  refused  to 
take  the  engagement  as  the  law  provideth. 

Voted,  Christopher  Holder,  Henry  Wood,  John  Ward, 
Robert  Bennett,  Vallentine  lludlestone,  all  freemen  of  the 
towne  of  Newport,  are  admitted  freemen  of  this  Collony. 

Voted,  John  Laphani,  William  Astin,  John  Crossman, 
Samuell  Willington,  and  Zachery  Field,  all  freemen  of 
the  towne  of  Providence,  are  admitted  freemen  of  this 
Collony. 

Voted,  Thomas  Briggs,  of  Prudence,  Thomas  Hicks, 


AND  PROVIDENCE  PLANTATIONS. 


453 


Thomas  Manchester,  Jun'r,  Thomas  Eaton,  Robert  Hodg-  1673. 
son,  Richard  Pearee,  Jun'r,  Gyles  Pearee,  Adam  Mott, 
Jnn'r,  William  Lany,  John  Heath,  Robert  Brownell, 
Thomas  Derfie,  Thomas  Waite,  and  Jeremiah  Waite,  all 
freemen  of  the  towne  of  Portsmouth,  are  admitted  freemen 
of  this  Collony. 

Voted,  Samuell  Waite,  Henry  Greene.  George  Wight- 
man,  John  Reynolds,  John  Briggs,  Samuell  Reynolds, 
George  Crofts,  William  Helmes.  Rouse  Heimes,  Samuell 
Helmes,  Christopher  Helmes,  and  Joseph  More,  all  of 
^arragansett,  are  admitted  freemen  of  this  Collony. 

Voted,  Henry  Underwood,  of  Quononoqutt,  is  admitted 
a  freeman  of  this  Collony. 

Voted,  this  Assembly  is  dissolved. 

At  the  Generall  Assembly  and  Election  held  for  his  Majes- 
ties Collony  of  Rhode  Island,  ^-c,  ot  Newport ',  May 
7th,  1673. 

The  Generall  Assembly  o.i  sisting  of  the  Governor, 
Deputy  Governor,  Assistants  who  are  above  named  and 
written,  and  of  the  same  Deputies  above  named  and 
written  present. 

The  Deputies  of  Newport,  engaged. 

The  Deputies  of  Providence,  engaged. 

The  Deputies  of  Portsmouth,  engaged.  • 

Capt'n  John  Cranston,  Deputie  Governor,  chosen  Mod- 
erator ;  whoe  refusinge  to  accept  the  place,  Mr.  John 
Easton  was  chosen  Moderator  of  this  Assembly. 

John  Sanford,  chosen  Clerke  of  this  Assembly. 

Voted,  that  the  Election  be  proceeeded  in  (the  day  be- 
inge  farr  spent),  before  the  Charter  be  read. 

Voted,  that  for  the  orderly  carryinge  on  by  Election, 
the  votes  that  are  brought  in  shall  pass  through  the  hand 
of  a  Magistrate,  and  the  hands  of  a  Deputy.  The  persons 
chosen  are  Mr.  Francis  Brinley,  Assistant,  and  Mr.  Wal- 
ter Chrke. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

3.  Voted,  that  the  proxies  be  divided  in  fower  parts  ;  and 
■*^in  the  opening  each  part,  a  Magistrate  and  a  Deputie  to 
open  and  putt  in  the  votes  as  called  for  into  the  hat.  For 
one  pari,  Mr.  Richard  Smith,  Assistant,  and  Wm.  Wood- 
ell  ;  for  another  part,  Mr.  Joshua  Coggeshall,  Assistant, 
and  Wm.  Cadman  ;  for  another  part,  Mr.  Francis  Brinley, 
Assistant,  and  Walter  Clarke  ;  for  the  other  part,  Capt'n 
John  Greene,  Assistant  and  Peter  Easton. 

Voted,  that  the  Election  doe  forthwith  proceed. 

By  the  Election,  was  chosen: 

Mr.  Nicholas  Easton,  Governor,  engaged. 

Capt'n  John  Cranston,  Deputy  Governor,  who  refus- 
inge,  was  by  the  Assembly  elected. 

Mr.  William  Coddington,  Deputy  Governor,  engaged. 

Mr.  Richard  Smith,  Assistant,  who  refusinge  to  serve, 
was  by  the  Assembly  elected1. 

Mr.  Walter  Clarke,  Assistant,  engaged. 

Mr.  Francis  Brinley,  Assistant,  who  refusinge  to  serve, 
was  by  the  Assembly  elected. 

Mr.  Daniell  Gould,  Assistant,  engaged. 

Mr.  John  Easton,  Assistant,  engaged. 

Mr.  William  Harris,  Assistant,  engaged. 

Mr.  Thomas  Harris,  Assistant,  engaged. 

Mr.  Thomas  Feild,  Assistant,  engaged. 

Mr.  Joshua  Coggeshall,  Assistant,  engaged. ' 

Mr.  John  Tripp,  Assistant,  engaged. 

Mr.  Walter  Todd,  Assistant,  engaged. 

Mr.  Job  Almy,  Assistant,  engaged. 

John  Sanford,  Recorder,  engaged. 

James  Rogers,  Generall  Sergant,  engaged. 

Mr.  Peter  Easton,  Generall  Treasurer,  engaged. 

Mr.  John  Easton,  Generall  Attorney,  engaged. 

Mr.  Robert  Williams,  Generall  Solicitor. 

Voted,  that  the  Deputy  Governor  haveinge  refused  to 
engage  and  officiate  in  that  office,  this  Assembly  doe  vote 
that  they  proceed  to  the  election  of  a  Deputy  Governor. 

Mr.  John  Coggeshall  chosen  Deputy  Covernor,  who  be-* 


AND  PROVIDENCE  PLANTATIONS. 


485 


inge  by  the  Gov'r  required  to  give  the  engagement  to  that  1G73. 
office  in  this  Assembly,  he  denyed  to  take  the  engagement.  ^-^-v-w 

Therefore,  the  Court  doe  vote  to  proceed  to  the  choyce 
of  another. 

Mr.  John  Clarke,  chosen  Deputy  Governor,  whoe  be- 
inge  sent  to  from  this  Assembly,  by  Mr.  William  Harris 
and  Jireh  Bull,  they  made  returne  that  Mr.  Clarke  did 
positively  refuse.  Therefore,  the  Assembly  vote  to  pro- 
ceed to  the  election  of  another. 

Mr.  Richard  Smith  beinge  chosen  Assistant,  and  refuse- 
inge  to  serve  in  that  office,  the  Assembly  doe  vote  that 
they  proceed  to  the  choyce  of  another. 

Mr.  Walter  Clarke,  chosen  Assistant  and  engaged. 

Mr.  Francis  Brinley  chosen  Assistant,  and  refuseinge 
to  serve  in  that  office,  the  Assembly  doe  vote  that  they 
proceed  to  the  election  of  another. 

Mr.  Daniell  Gould,  chosen  Assistant,  and  engaged. 

Whereas,  Thomas  Cornell,  by  his  friends,  and  perticku- piace  <>r 
larly  William  Earll,  hath  requested  this  Assembly  thaUeii'sburiat. 
after  his  execution  his  body  may  be  carried  and  hurried 
by  his  mother,  the  which  motion  the  Court  doe  not  accept 
of ;  but  yet,  in  favor  to  the  prisoner,  doe  consent  that  if 
his  friends  have  a  desire,  they  may  interr  the  body  in  the 
lands  lately  to  him  belonging,  at  the  upper  end  thereof, 
adjoyning  to  the  common  roade,  provided  it  be  within 
twenty  feet  of  the  said  common  roade  ;  and  that  if  the 
Collony  see  cause,  they  may  from  time  to  time  sett  up 
such  monuments  on  or  at  the  grave  as  they  shall  see 
cause  ;  or  otherwise,  the  said  Thomas  Cornell  is  to  be 
burried  under  or  near  the  gallows. 

Voted,  that  Robert  Butterworth,  for  the  execution  of 
Thomas  Cornell  and  the  Indian  Punnean,  now  prisoners 
and  condemned  to  dye,  shall  have  the  sum  of  fower 
pounds  paid  him  by  the  Generall  Treasurer. 

Voted,  whereas  at  the  last  Generall  Assembly  held  at 
Newport,  there  was  a  Generall  Auditt  appointed  to  make 
inspection  in  the  late  Generall  Treasurer,  Mr.  John  Cog- 


480  RECORDS  OF  THE  COLOxNY  OF  RHODE  ISLAND, 

1C73.  geshall  his  accounts,  and  to  inquire  into  all  accounts,  yctt 
'■^.■^  not  determined  relateinge  to  the  Collony  ;  the  Commission 
and  power  to  them  then  given,  and  every  part  thereof, 
shall  and  is  to  them  and  every  of  them  still  continued,  and 
to  be  by  them  or  the  major  part  of  them,  attended  unto  on 
the  2d  of  July  next,  and  what  they  or  the  major  part  of 
them,  shall  doe  and  signe  in  and  concerninge  the  prem- 
ises, shall  be  owned  and  deemed,  as  if  done  by  the  whole 
Assembly.  And  if  it  should  happen  that  the  persons  ap- 
pointed to  be  on  the  said  Auditt,  doe  not  meet  on  the  said 
day,  the  2d  of  July  next,  that  then  by  seasonable  notice 
from  Mr.  John  Coggeshall,  late  Treasurer,  they,  the  said 
Auditors  or  major  part,  shall' meete  at  Capt'n  Morrises 
house,  in  Newport  on  such  times  as  may  seeme  convenient 
to  therp  for  the  finishinge  the  said  worke. 

Whereas,  Thomas  Cornell,  of  Portsmouth,  who  was 
JfThomas0  lately  executed  for  murtheringe  his  mother,  Mrs.  Rebecca 
csutc!'3'  Cornell,  whereupon,  accordinge  to  law  the  Court  of  Try- 
alls  have  made  seizure  of  his  estate  :  this  Assembly  (in 
consideration  of  the  matter,  and  for  the  supply  of  the  wife 
and  children  to  the  said  Thomas),  doe  see  cause  to  release 
the  said  seizure,  and  empowere  the  Councill  of  the  towne 
of  Portsmouth  to  take  care  and  order  that  the  estate  of 
the  said  Thomas  be  soe  secured  and  improved  that  just 
debts  and  other  charges  be  first  paid  and  discharged,  and 
that  then  the  wife  and  children  be  supplyed,  and  relieved. 
And  to  that  end,  to  order  and  appoint  an  executor  or 
executors,  for  the  true  performance  thereof.  And  that 
the  said  Towne  Councill  doe  make  a  will,  and  accordinge 
to  law  divide  the  estate  to  the  wife  and  children  of  the 
said  Thomas. 

Voted,  that  the  Governor,  Deputy  Governor,  the  Mag- 
contaittee  istrates  of  the  towne  of  Newport,  Mr.  "William  Harris,  of 

to  treate  1 

Jian/con!11"  Providence  ;  Mr.  Joshua  Coggeshall,  William  Hall  and 
drunken-   John  Sanford,  for  Portsmouth  ;  Mr.  Walter  Todd  and  Mr. 
Job  Almy,  for  Warwicke  ;  and  Mr.  Richard  Smith,  of 
Narragansett,  are  appointed  and  authorized  a  Committee, 


AND  PROVIDENCE  PLANTATION?. 


487 


they  or  the  major  part  of  them,  to  treate  with  the  Indian  1673. 
Sachems,  and  with  them  seariously  to  consult  and  agree 
of  some  way  to  prevent  the  extreme  excess  of  the  Indians 
drunkenness  ;  that  soe  if  possible  such  enormities,  as  there- 
upon ensue  may  be  prevented,  and  the  remedy  attended 
unto,  that  soe  peace  and  good  order  may  be  maintained. 
And  alsoe  to  consult  of  any  other  matters  that  doe  or 
may  appeare  to  be  in  difference  betweene  the  Indians  and 
concerninge  this  Collony.    And  that  duringe  the  time  of 
their  said  treaty  with  the  said  Sachims,  they  shall  in  this 
Collony  have  free  egress  and  regress  cleere  from  the  arrest 
of  any  person  or  persons  in  this  Collony.    And  it  is  or- 
dered, that  the  said  treaty  shall  be  held  at  Newport,  and 
begin  the  24th  day  of  June  next. 

The  Sachems  herein  intended  to  be  treated  withall,  are 
Mawsup  and  Xinecraft,  of  Narragansett ;  Phillip,  of 
Mount  Hope  ;  Wetamo,  of  Pocasset ;  Awashunks,  of 
Secunnitt,  or  soe  many  of  them  as  doe  appeere  at  that 
treaty.  And  that  the  Deputy  Governor,  Mr.  Wm.  Codd- 
ington  is  desired  by  this  Assembly  to  signify  under  his 
hand,  to  the  severall  Sachems  aforesaid,  the  Assemblys 
desire  herein. 

Voted,  the  Generall  Sergeants  bill  shall  be  paid  by  the  Gen'n  ser- 

geants  ac- 

Generall  Treasurer  ;  the  said  bill  amountinge  as  per  per-  couma- 
tickulars,  to  twenty  seven  pounds,  eighteene  shillings  ; 
out  of  which  four  pounds  being  deducted  for  the  exe- 
cution of  Thomas  Cornell,  and  the  Indian  Punnean,  there 
is  due  to  the  Generall  Sergeant  twenty  three  pounds, 
eighteene  shillings. 

Voted,  that  the  Generall  Recorder  doe  record  all  the  Evidences 

,  .  .         ,  ,  in  Thomas 

proceedings  and  testimonies  that  past,  and  were  produced  CorB^'^ 
in  Court  in  the  tryall  of  Thomas  Cornell,  in  the  record  0f recorded- 
the  Book  of  Tryalls,  who  shall  be  paid  therefor,  by  the 
Generall  Treasurer  the  sum  of  one  pound,  five  shillings. 

Voted,  forasmuch  as  this  present  summer  is  thought  to 
be  a  time  of  trouble  and  danger,  by  reason  of  the  Dutch 
men  of  war  supposed  to  be  intended  for  this  country,  as  by 


■1SS 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1GT3.  some  expected.    And  consideringe  the  great  need  that 
-**v-^the  Assembly  be  in  beinge,  to  heare  the  Collonys  debts 
and  credits  of  the  Auditt  ;  and  the  trouble,  charge  ;ind 
time  to  procure  an  Assembly  when  not  in  beinge. 

Bee  it  therefore  enacted,  that  this  Assembly  be  adr 
journed  untill  the  Governor,  or  Deputy  Governor  shall  see 
cause  to  call  this  Assembly  together  againe  ;  and  in  case 
noc  necessity  doe  sooner  appeare,  then  this  Assembly 
shall  meet  the  first  Tuesday  in  September  next.  And 
that  the  acts  of  this  Assembly  (already  acted),  shall 
be  timely  (accordinge  to  la  we),  sent  out  under  the 
scale  of  the  Collony  ;  and  that  the  Recorder  shall  have 
ten  shillings  of  each  towne  for  coppies  of  the  Assembly^ 
acts  ;  and  because  he  attended  the  Court,  though  then  not 
a  Deputy,  twenty  shillings  is  to  be  paid  him  by  the 
Generall  Treasury. 


Proceedings  of  the  Generall  Assembly  held  for  the  Collony  t 
of  Rhode  Island  and  Providence  Plantations  at  Newport, 
the  IWi  of  August,  1673. 

Voted,  that  Mr.  John  Easton,  Mr.  William  Harris,  Mr. 
Letter  from  John  Tripp,  Mr.  Peter  Easton,  and  Lieut.  William  Cad- 

Warwick.  rl  '  ' 

man  are  chosen  a  Committee  to  prepare  matters  for  this 
Assembly,  concerninge  the  Indians  drunkenness,  encour- 
agement of  the  militia,  the  danger  wee  are  in  by  the  late 
enterprize  of  the  Dutch  takeinge  New  Yorke,  and  such 
other  publick  matters  relateinge  to  this  Assembly,  and 
make  their  returne  to  this  Assembly. 

Voted,  that  a  letter  presented  by  Capt'n  Randall  Houl- 
Plreciions  don  and  Capt'n  John  Greene,  from  the  towne  of  Warwick 
invasion,    to  this  Assembly,  not  beinge  accordinge  to  lawe  directed, 
shall  not  by  this  Assembly  be  opened. 


AND  PROVIDENCE  PLANTATIONS. 


489 


Toted,  forasmuch  as  there  seemeth  a  present  danger  by  1G73. 
reason  of  the  Dutch  forces,  whoe  the  30th  of  July  last 
tooke  New  Yorke,  and  may  unhappily  assault  and  fall 
upon  us,  as  a  ready  prevention  and  fittinge  against  such 
said  danger. 

Be  it  enacted  by  his  Majesties  authority  given  to  this  As- 
sembly, and  hereby  it  is  enacted,  that  as  authority  by  the 
Kings  letters  pattents  is  given  to  the  Governor,  and  in  his 
absence  to  the  Deputy  Governor,  and  major  part  of  the 
Assistants,  for  the  time  beinge  (at  any  time  when  the 
Generall  Assembly  is  not  sittinge),  to  nominate,  appoint 
and  constitute  such  and  soe  many  commanders,  Governor, 
and  military  officers  as  to  them  shall  seeme  requisite  for 
the  leadinge,  conductinge  and  trayninge  up  the  inhabit- 
ants of  the  said  Plantation  in  martiall  affaires,  &c.  And 
hath  granted  for  the  safe  guard  of  his  Majesties  Planta- 
tions, that  such  Commander,  &c,  and  military  officer  soe 
appointed,  or  by  the  Governor  ;  or  in  his  absence,  the 
Deputy  Governor  and  six  of  the  Assistants,  and  major 
part  of  the  freed  men  of  the  said  Company  present  at  any 
Generall  Assembly  constituted  accordinge  to  the  teanure  of 
his  or  their  commission  and  directions  to  assemble,  exercise 
in  armes,  martiall  array,  and  put  in  warlike  posture  the  in- 
habitants for  their  speciall  defence,  constituted  and  ap- 
point for  the  aforesaid  ;  and  Capt.  John  Cranston  shall  be 
Captaine  in  chiefe,  to  order,  direct,  appoint  and  put  in 
war  like  posture  all  the  forces  that  are  or  shall  be  on  this 
Island  ;  for  the  defence  and  safe  guard  of  his  Majesties 
interest  and  subjects  duringe  the  time  cf  his  commission 
(when  the  leaders  and  the  souldiers  of  Portsmouth  are 
occasioned  for  defence  against  the  enemy  to  come  to 
Newport). 

And  it  is  alsoe  hereby  enacted,  that  the  Governor,  or 
in  his  absence,  the  Deputy  Governor,  and  all  the  Assist- 
ants on  this  Island,  if  the  Dutch  or  any  other  public  enemy 
shall  in  open  hostility  against  the  King,  assault  it  or  fall 
upon  his  subjects  here  ;  then  all  of  them  if  able  and  in, 

62 


400 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G73.  health,  or  soe  many  of  (hem  as  shall  be  able  and  be  in 
v^-*-^ health,  shall  in  all  such  time  or  times  of  danger  be  with 
or  as  necre  as  may  be  convenient  to  the  said  eldest  Cap- 
taine  in  ehiefe,  to  give  to  him  speciall  and  pertiekular 
directions  as  the  danger  shall  then  occasion,  for  the  safety 
rroviHion  in  of  the  whole  ;  and  the  Governor,  or  Deputy  Governor  and 

cast*  of  In-  7  7  r  J 

™'io"-  all  the  Assistants  on  the  Island  that  shall  be  able,  shall 
with  the  first  information,  allarm,or  knowledge  of  the  ap- 
proach or  invasion  of  the  said  enemy  or  any  other  as 
such,  afore  said,  shall  come  together  and  be  ready  in  the 
then  most  convenient  place  to  consult  and  agree  how  for 
the  best  safety  and  best  loyalty  to  answer  any  summons 
such  said  enemy  may  send  to  them  5  and  accordinge  there- 
to, answer  shall  be  returned  to  the  enemy,  and  not  without 
their  consent  nor  contrary  to  their  directions  or  order,  shall 
Captaine  or  ehiefe  Captaine,  nor  Captaine  nor  other  offi- 
cers nor  souldiers,  nor  all  nor  any  without  the  consent  of 
the  Governor,  or  in  his  absence  the  Deputy  Governor  and, 
all  the  Assistants  on  this  Island,  or  soe  many  of  them  as 
can  come  together,  beinge  able  and  not  disabled  by  sick- 
ness, lameness  or  beinge  in  any  incapacity  whatsoever, 
and  cannot  be  ready  then  and  there  at  such  place,  when, 
soe  alarmed  or  summoned  ;  such  of  them  as  are  able  an<} 
are  there  shall  have,  and  have  hereby  full  authority 
to  consult  with  the  said  ehiefe  Captain  and  Captains  and 
Lievetenants,  and  Ensignes,  and  any  other  knowinge,  dis- 
creete  men  in  such  matters,  what  answer  shall  be  returned 
in  answer  to  any  such  summons,  that  may  unhappily  be 
sent  from  the  enemy. 

And  be  it  further  enacted  by  the  said  authority,  that  all 
Captaines,  Lievetenants  and  Ensignes,  accordinge  to  the 
best  knowledge  and  intelligence  they  shall  have  or  receive 
pf  any  foolish  or  envious,  or  treacherous  person  or  persons 
vyho  are  intended,  and  shall  discover  it  or  indeavour  to,  or  git 
on  board  the  enemies  shipp  or  shipps,  or  any  other  vessells 
to  informe  or  serve  the  enemy  ;  that  then  the  said  Cap- 
taine, Lievetenant,  and  Ensigne  and  every  of  them  have. 


ANT)  PROVIDENCE  PLANTATION B. 


491 


full  authority  hereby  to  restraine  any  such  said  person  1673. 
and  persons,  and  every  of  them,  and  all  and  every  other  ^-v-** 
person  that  shall  discover  his  or  their  intents,  or  indeavour 
to  gitt  aboard  the  enemys  vessells  for  any  cause  whatso- 
ever, shall  restraine  them  all  from  goeinge  on  board,  &c,  by 
the  best  and  most  convenient  meanes  they  cans,  expectinge 
such  as  may  pe  sent  by  order  and  the  aforesaid  authority 
of  the  Governor  or  Deputy  Governor  and  Assistants  of 
this  Island,  or  soe  many  of  them  as  are  able  to  come  to- 
gether occasioned  by  the  visit  of  the  enemy. 

And  be  it  further  enacted,  that  if  such  said  enemy  ap- 
proach and  assault  either  Providence  or  Warwicke,  and 
summon  them,  that  then  the  Assistants  to  which  the  said 
townes  shall  at  the  most  convenient  place  assemble  with 
the  military  officers  of  the  band  there,  the  Towne  Councill 
and  other  discreete  men  called  in  by  them,  to  advise  in 
returne  to  any  such  summons  for  the  most  safety  and 
best  loyalty  ;  and  that  the  military  officers  shall  not  give 
any  answer  to  such  said  summons  of  the  enemy  without 
the  consent  of  the  Assistants  of  the  said  towne  or  as  many 
of  them  as  can  come  together.  And  the  aforesaid  act 
and  every  clause  thereof,  shall  bee  of  force  in  this  Col- 
lony,  any  law  or  laws  thereof,  or  clauses  therein  to  the 
contrary  hereof,  in  anywise  notwithstandinge. 

Voted,  whereas  the  Dutch  who  are  an  open  and  knowne  £**nT°* 
enemy,  in  open  hostility  against  his  Majestie  and  his  sub- the  Dutch" 
jects,  arrived  with  a  fleete  of  ships  of  war,  and  with 
strength  of  souldiers,  the  30th  of  July  last  at  New  Yorke, 
assailed,  assaulted,  stormed  and  tooke  the  same  ;  and 
forasmuch,  as  his  Majestie  hath  required  all  his  Collo- 
nys  in  Xew  England,  and  this  his  Majesties  Collony  to 
doe  what  in  them  lies,  for  defence  against  the  aforesaid 
Dutch,  and  for  their  safety  ;  and  forasmuch  as  souldiers 
or  the  Traine  Bands,  or  souldiers  and  the  Traine  Bands  (if 
the  Dutch  approach  and  assault  us),  are  to  be  rallied  for 
defence,  which  will  occasion  and  constraine  charges  in  di- 
vers ways,  as  for  pay  for  officers  and  souldiers,  ammunition 
and  provision,  &c. 


492 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1673.     Be  it  therefore  by  his  Majesties  authority  in  this  Collony 
enacted,  and  hereby  it  is  enacted,  that  the  whole  Collony 
SSil^the*0  slia11  bc:u'e  anu"  P;ly  tnc  whole  charge  and  make  payment 
warr.geoft,,e  thereof,  according  to  such  time,  &c,  and  such  number 
of  men  as  need  shall  require  for  defence  of  his  Majesties 
interest  and  his  subjects  safety. 

And  forasmuch  alsoe,  as  the  said  officers^  or  souldiers 
are  incident  by  such  said  enemies  in  such  said  service  to 
be  maimed  or  slaine,  which  said  danger  hath  great  reflec- 
tion on  their  relations  whose  dependancy  is  on  the  lives 
and  limbs  of  officers  and  souldiers  for  their  supply  and 
lively  hood. 

And  forasmuch,  as  the  customs  and  lawes  of  his  Majes- 
"?°r  iTmbs  ties  realme  of  England  gives  pensiones  for  poore  mens 
war^y1"   l'cliefe  that  lose  their  limbs,  and  reliefe  to  the  relations 

whom  paid. 

whose  dependancy  was  on  such  as  are  slayne  ;  and  con- 
sideringe  that  a  certaine  supply  to  officers  and  souldiers, 
if  they  soe  lose  their  limbs,  and  to  their  relations  if  they 
lose  their  lives  in  such  service,  shall  be  made  and  truly 
paid,  may  and  will  take  off  some  carefull,  fearefull  and 
distractinge  thoughts  which  may  trouble  them,  either  for 
their  owne  supply  if  loss  of  a  limb  or  Jimbs,  or  for  their 
relations  if  slaine,  and  so  discouragement  removed. 

Bee  it  therefore  by  the  aforesaid  authority  enacted,  and 
S^tto'Sni-^  is  nereoy  enacted,  that  if  any  person,  officer  or  souldier 
°fknicdbe  maimed  in  such  said  service  against  such  said  enemy,  or 
any  other  enemy  in  open  hostillity  against  the  King  and 
his  subjects,  this  whole  Collony  where  the  service  is  done, 
shall  accordinge  to  such  said  maimed  and  debilitated  persons 
needinge  supply  by  a  continuall  pension  to  such  said  per- 
son or  persons ;  or  if  in  such  said  service  as  aforesaid, 
any  man  or  men  be  slaine,  that  then  such  said  person  or 
person's  relations  shall  by  the  whole  Collony  be  supply ed 
according  to  their  need. 

And  if  a  husband  be  slayne,  as  aforesaid,  that  hath  a 
wife  and  children,  his  wife  accordinge  to  her  need  and  his 
children  according  to  their  need,  that  had  dependancy  up- 


as are 

in  war. 


AND  PROVIDENCE  PLANTATIONS. 


403 


on  him  ;  and  soe  of  all  husbands,  wives,  and  children  1673. 
(slayne  as  aforesaid).  Or  if  a  son  or  sons  be  slayne  as^-^-*. 
aforesaid,  who  have  father  or  mother,  fathers  or  mothers, 
dependinge  on  him  or  them  for  lively  hoods,  by  reason  of 
age,  agreement  or  covenant,  and  disabilitated,  such  said 
father  or  fathers,  mother  or  mothers,  shall  be  comfortably 
supplyed  accordinge  to  all  their  needs.  Or  if  a  grandson 
be  slayne,  who  hath  grandfather  or  grandmother  that  hath 
dependancy  on  him  for  lively  hood  in  any  such  service  as 
aforesaid,  that  then  every  such  grandfather  or  grandmother, 
shall  be  supplyed  by  the  whole  Collony.  Or  if  a  nephew 
or  kinsman  be  slaine,  in  such  said  service,  that  hath  an 
vncle  or  aunt  or  other  neere  of  kin,  who  had  dependancy 
on  him  for  lively  hood,  by  reason  of  age  or  other  impedi- 
ment disabled,  such  said  uncle  or  aunt  shall  be  by  the 
whole  Collony  supported.  Or  if  a  brother  be  slayne  in 
such  said  service,  who  had  a  brother  or  sister,  by  reason 
of  any  debility  not  able  to  relieve  themselves,  dependinge 
on  him  for  a  lively  hood,  every  such  brother  or  sister  shall 
by  the  whole  Collony  be  supplyed.  Or  if  any  person  be 
slaine,  then  in  the  time  of  any  such  imasion,  assault  or 
fight  imployed  for  generall  occasion,  goeinge  of  a  mes- 
sage, or  doeinge  any  other  service  for  the  good  of  the 
whole  Collony,  his  or  their  relations  standinge  in  any  the 
aforesaid  husband,  father,  uncle,  son,  grandson,  nephew, 
or  brother,  every  of  their  grandfathers,  grandmothers, 
fathers,  and  mothers,  uncles  and  aunts,  brothers  and  sis- 
ters, nephews  and  nieces,  shall  be  supplyed  by  the  whole 
Collony  as  if  he  or  they  had  been  slayne  in  battle  array, 
by  and  before  the  enemy.  But  forasmuch  as  too  often 
faithfull  service  is  forgott  and  the  slain  being  burried  goe 
soe  to  the  land  of  forgitfullness,  that  their  relations  are  noe 
more  remembered  to  be  supplyed  but  either  ungrate- 
fully forgott,  or  if  remembered,  with  a  pittifull,  poore, 
penurious  portion  to  the  maimed,  poor  and  disabled,  and 
to  the  aged,  decrepid  relations  of  the  dead,  giveinge  still 
new  occasions  to  look  upon  the  loss  of  their  better  supply 


491 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G73.  by  their  slain  friends  beingc  an  occasion  to  kill  (hem  all 
-^~v-^-'  the  day  long  with  needs,  cares  and  sorrows,  for  want  of 
supply.  Therefore,  be  it  enacted,  by  the  authority  afore- 
said, and  hereby  it  is  enacted,  that  if  any  person  wounded 
or  maimed  as  aforesaid,  and  is  disabled  thereby  to  gitt  a 
comfortable  lively  hood,  either  for  himselfe  or  his  family, 
or  relations  that  depend  upon  him  (if  any  he  have),  by 
virtue  of  this  present  act,  may  demand  of  the  Gcnerall 
Treasurer  of  this  Collony  a  compctant  supply,  accordinge 
to  his  or  their  needs  and  necessities.  But  if  it  soe  fall 
out  or  come  to  pass,  that  the  Generall  Assembly  have  not 
by  them  selves  nor  any  for  them,  appointed  the  Generall 
Treasurer  to  supply  such  maimed  and  disabled  person  or 
persons,  demandinge  for  their  needs  and  necessities  such 
supply  :  and  the  said  Treasurer  therefore,  or  for  any  other 
cause  or  supposed  cause,  will  not  or  doe  not  supply  such 
said  maimed,  &c,  or  the  said  Treasurer- make  some  sup- 
ply, to  such  said  maimed,  but  not  a  sufficient  supply  ; 
that  then  every  such  person  or  persons  and  every  of  them, 
who  in  their  owne  judgment  or  judgments  are  soe  grieved, 
by  virtue  hereof,  may  sue  by  action  of  debt  the  aforesaid 
Treasurer  for  the  time  beinge,  either  for  a  whole  supply 
(if  he  have  none),  or  for  a  more  full  supply  if  not  allowed 
and  paid  suffitient ;  and  shall  be  received  to  such  said  suit 
without  any  fee  payinge,  and  all  and  every  officer  shall 
faithfully  and  truly  performe  his  office  in  all  and  every 
such  case  without  any  demandinge  or  takeinge  any  fee 
therefor  ;  and  all  such  said  suites  shall  be  speeded  with- 
out any  deferringe  or  delaying  by  an  usuall  demurr  (as  it 
is  called),  on  any  excuse  of  or  for  delay,  and  without  any 
revise,  and  according  to  the  verdict,  judgment  shall  be 
given  ;  and  the  judgment  executed  upon  the  goods  or 
chattels  or  cattle  of  the  said  Collony,  in  the  hands  or  that 
shall  come  into  the  hands  of  the  Generall  Treasurer  for 
the  time  beinge  by  the  Generall  Sergeant  ;  which  if  the 
said  Sergeant  refuse  or  neglect  to  doe,  that  the  Governor 
or  Deputy  Governor,  and  any  one  Assistant,  shall  appoint 


i 


AND  PROVIDENCE  PLANTATIONS. 


405 


any  one  of  either  of  the  Towne  Sergeants  to  serve  any  1673. 
such  said  neglected  execution.  Alsoe  lickewise  if  any  of 
the  aforesaid  relations,  dependant  for  a  lively  hood  on  any 
of  the  slain  in  the  aforesaid  service,  or  of  any  slain  about 
any  generall  service  for  the  Collony  aforesaid,  then  their 
dependant  relations  in  need  and  necessity,  and  in  their 
judgment  grieved,  not  receiveinge  a  supply  or  not  a  suffi- 
tient  supply,  accordinge  to  their  necessities,  shall  as  the 
maimed  aforesaid  may,  demand  it ;  and  if  not  supply ed 
may  sue  as  the  maimed  may,  without  any  fee  paying,  and 
shall  have  like  proceeding  to  all  intents  as  the  maimed 
shall,  to  recover  a  supply  sufhtient,  according  to  their 
necessities. 

Of  which  said  sufficient  supply  to  any  person  that  is 

aforesaid  granted  a  supply,  if  difference  arise  between  the 

Collony  that  is  to  pay,  and  the  parties  that  are  to  receive  : 

the  jury  shall  sett  and  proportion  the  sum.    And  this  act 

from  the  sealinge  and  publication  thereof,  and  every  clause 

therein,  shall  stand  in  full  force,  any  other  law  or  laws, 

clause  or  clauses  in  them  of  this  Collony,  to  the  contrary 

notwithstandinge. 

Voted,  and  further  needfull  to  be  considered  for  this  Persons  not 
.  *  .  mm         ,  »»   '°  °e  com- 

present  occasion  a  more  certain  peaceable  settlement  forpeiedto 

*  1  trayne,  fight 

the  ending  of  strife  and  unprofitable  contention,  which^SL 
hath  too  long  continued,  as  to  the  liberty  of  some  men's  science."" 
consciences,  which  others  are  not  willing  to  allow  or  per- 
mitt  concerninge  trayninge  and  fightinge  to  kill  thereby. 
And  forasmuch  as  from  the  beginninge  of  these  Planta- 
tions law  hath  been  enacted  as  to  liberty  of  conscience  then 
senceable  of  others  oppression  of  their  owne  conscience  ; 
and  consideringe  that  every  one,  ought  both  toward 
God  and  man  to  have  a  conscience  unspotted,  by  doeing 
that  which  God  recpiireth  to  be  done,  or  not  doeinge 
that  which  he  recpiires  not  to  be  done  toward  man  ; 
and  pure  religion  before  God  the  Father,  is  to  visitt 
the  fatherless  and  the  widow,  and  .  to  keep  our 
selves  unspotted  of  this  world  or  worldly  things ;  and 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


3.  considering  that  generally  the  inhabitants  of  this  Col- 
"•»~iony  hath  a  consilience  or  understanding  even  about 
temporalis,  contrary  to  the  customs  of  our  nation  and  our 
neighbours  the  rest  of  the  Collonys  their  inhabitants,  even 
about  the  highest  things  of  that  nature,  viz.  :  jurisdiction, 
to  which  an  oath  is  alhvaies  joyned  to  the  authenticity 
of  their  proceedings  thereabout,  winch  is  not  used  here  in 
this  Collony,  as  beinge  contrary  to  the  conscience  (as  it 
scenieth)  of  the  inhabitants,  even  about  such  high  occa- 
sions as  reach  life  or  death  ;  and  consideringe  that  God 
himselfe  did  not  soe  universally  compell  to  his  war 
(though  soe  undoubtedly  warranted),  but  that  the  feare- 
full,  they  that  had  built  houses  and  not  dedicated  them, 
newly  married  a  wife,  or  planted  a  vineyard  and  not 
eaten  the  fruits  thereof,  had  a  liberty  not  to  goe  to 
(or  returne  home)  from  the  said  war.  Alsoe  consideringe 
the  King's  Majesty  hath  soe  highly  indulged  his  subjects 
of  this  Collony  to  excusinge  them  from  an  oath,  it  beinge 
about  temporall  things,  notwithstandinge  by  the  lawes  of 
England,  united  to  all  such  proceedings  in  soe  high  mat- 
ters as  of  life  and  death  ;  alsoe  consideringe  that  the 
King's  Majesty  in  the  way  of  his  wars  doth  not  soe  uni- 
versally compell  all,  but  permitts  some, "yea  very  many 
not  to  trayne  or  fight  or  war  for  him,  whose  consciences 
are  that  they  ought  not  to  learne  war  nor  war  at  all  ;  yea, 
notwithstandinge  his  Majesty  have  great  warringe,  and 
useth  men  of  other  understandings  to  fight,  yet  not  those 
against  whose  conscience  it  is  to  fight,  that  they  who  will 
lose  their  owne  lives  rather  than  destroy  other  mens  lives, 
can  noe  waies  nor  by  noe  means  be  compelled  to  fight  to 
kill ;  and  consideringe  there  are  divers  persons  of  severall 
societies,  who  are  one  in  that  point  of  conscience,  of  not 
trayning  and  not  fightinge  to  kill,  and  have  in  divers 
places  of  Scripture  the  letter  thereof  for  their  said  con- 
science, contrary  to  which  to  coin  pell  them  (if  they  would 
be  compelled)  more  to  be  hypocrites  ;  alsoe,  now  consid- 
eringe as  aforesaid  if  persons  are  excused  then  of  God 


AND  PROVIDENCE  PLANTATIONS. 


497 


from  war  because  fearefull  of  loseing  their  lives  present,  1673. 
how  much  more  for  feare  of  loseinge  everlastinge  life,  by 
fightinge  against  the  minde  of  God  (as  they  are  per- 
swaded). 

If  persons  excused  from  war  least  they  be  slain  and  an- 
other dedicate  the  house  they  built,  how  much  more  ex- 
cused from  learninge  war  and  warringe,  least  thereby  and 
in  their  consciences  then  believe  they  should,  if  they 
learae  war,  and  fight  to  kill  and  destroy  that  house  of 
clay,  or  tabernacle  which  God  hath  built,  be  excused  from 
war  and  destroyinge  it,  beinge  the  temple  of  God. 

If  marryinge  of  a  wife  shall  excuse  a  man  from  war, 
how  much  more  any  such  who  are  perswaded  in  their  con- 
sciences that  they  are  espoused  to  Christ,  and  that  if  they 
should  learne  war  or  war,  would  occasion  a  difference  and 
distance  between  them  forever. 

Or  he  that  hath  planted  a  vineyard,  be  excused  from 
war  because  he  hath  not  eat  of  the  fruit,  how  much  more 
rather,  a  man  excused  from  war,  than  whereby  he  is  per- 
swaded if  warringe  against  his  conscience  and  understand- 
ing, he  cutts  off  a  branch  or  limb  (which  God's  right  hand 
hath  planted),  from  the  vineyard  and  destroys  it. 

And  seeinge  the  King's  Majesty  is  pleased  to  forbeare 
to  compell  such  to  warr  who  are  perswaded  in  their  con- 
sciences they  may  not  fight  to  kill,  how  much  less  may 
such  compell  them  that  have  consciences  that  need  and  re- 
ceive a  tolleration  from  the  King,  even  in  the  highest  tem- 
porall  things  in  jurisdiction  as  to  life  and  death,  and  cannot 
take  an  oath  of  allegiance,  though  annexed  thereto  ;  yett 
his  Majesty  dispenseth  with  his  law,  how  much  more  ought 
such  men  to  forbeare  to  compell  or  endeavor  to  compell 
their  equall  neigbours  against  their  consciences,  to  trayne, 
to  fight  and  kill  by  force  of  any  by  law  of  theirs,  but 
rather  consider,  that  if  the  King's  Majesty  indulge  us  all 
even  in  temporalis,  how  much  more  ought  his  subjects  to 
indulge  one  another. 

Bee  it  therefore  enacted,  and  hereby  it  is  enacted  by  his 

vol  ii.  63 


498 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1673.  Majestys  authority,  that  noe  person  nor  persons  (within 
this  CoJIony),  that  is  or  hereafter  shall  be  persuaded  in  his, 
tr°ftT^"ord  their  conscience  or  consciences  (and  by  him  or  them  de- 
rtdtrcon-ll3tclare(l),  that  honor  they  cannot  nor  ought  not  to  trayne,  to 
learne  to  fight,  nor  to  war,  nor  kill  any  person  or  persons. 

That  neither  he  nor  they  shall  at  any  time  be  compelled 
against  his  or  their  judgment  and  conscience  to  trayne,  arm 
or  fight,  to  kill  any  person  nor  persons  by  reason  of,  or  at 
the  command  of  any  officer  of  this  Collony,  civill  nor  mili- 
tary, nor  by  reason  of  any  by-law  here  past  or  formerly 
enacted  ;  nor  shall  suffer  any  punishment,  fine,  distraint, 
pennalty  nor  imprisonment,  who  cannot  in  conscience 
traine,  fight,  nor  kill  any  person  nor  persons  for  the  afore- 
said reasons  expressed  with  many  more  imply ed,  and 
others  for  brevety  concealed,  such  aged  men  of  such  said 
understandings  shall  be  exempt  from  traynings,  arminge, 
rally inge  to  fight,  to  kill,  and  all  such  martiall  service  as 
men  are  by  any  other  debility  ;  as  said  lame,  sick,  weake, 
deafe,  blinde,  or  any  other  infirmity  exempteth  persons  in 
and  by  law,  soe  the  aforesaid  men,  have  noe  abillity  to  fight, 
haveinge  noe  knowledge  soe  to  doe,  nor  capacity  soe  to 
learne,  they  takeinge  themselves  forbidden  of  God  to 
learne  war  any  more. 

Provided,  nevertheless,  that  all  those  who  are  per- 
swaded  in  their  understandings  and  consciences,  that  it 
is  lawfull,  and  noe  offence  against  God,  to  fight,  to  kill 
enemys  in  hostillity  against  the  King  and  his  subjects, 
that  such  said  persons  of  lawfull  age,  and  not  exempted 
by  any  other  debilitys,  may  be  compelled  and  ought  to 
obey,  and  not  to  deny  obedience  to  such  said  service,  as  if 
the  aforesaid  act  by  which  the  aforesaid  exempted  had 
never  been  made. 

Provided,  nevertheless,  that  such  said  persons  who 
cannot  fight  nor  destroy  men,  it  beinge  against  their  con- 
science to  doe  and  performe  civill  service  to  the  Collony, 
though  not  martiall  service,  and  can  preserve  (soe  farr  as 
in  them  lies)  lives,  goods,  and  cattle,  &c,  that  when  any 


• 


AND  PROVIDENCE  PLANTATIONS.  499 

enemy  shall  approach  or  assault  the  Collony  or  any  place  1673. 
thereof,  that  then  it  shall  be  lawfull  for  the  civill  officers 
for  the  time  beinge,  as  civill  officers  (and  not  as  martiall 
or  military)  to  require  such  said  persons  as  are  of  sufficient 
able  bodye  and  of  strength  (though  exempt  from  arminge 
and  fightinge),  to  conduct  or  convey  out  of  the  danger  of 
the  enemy,  weake  and  aged  impotent  persons,  women  and 
children,  goods  and  cattle,  by  which  the  common  weale 
may  be  the  better  maintained,  and  works  of  mercy  mani- 
fested to  distressed,  weake  persons  ;  and  shall  be  required 
to  watch  to  informe  of  danger  (but  without  armes  in  mar- 
tiall manner  and  matters),  and  to  performe  any  other  civill 
service  by  order  of  the  civill  officers  for  the  good  of  the 
Collony,  and  inhabitants  thereof ;  and  the  aforesaid  or  by- 
law to  stand  in  full  force  and  every  clause  therein  (in  this 
Collony),  any  other  former  by  law,  act  or  acts,  clause  or 
clauses  in  them  or  either  of  them,  to  the  contrary  hereof 
in  anywise  notwithstandinge. 

Voted,  because  the  acts  of  this  Assembly  at  the  sittinge 
thereof  (this  adjournment),  is  of  soe  great  necessity  for 
the  preventinge  of  eminnant  danger,  be  it  therefore  en- 
acted by  his  Majestys  authority,  that  the  acts  of  this 
meetinge  upon  adjournment,  shall  within  six  dayes  of  the 
date  hereof,  be  published  under  the  seale  of  the  Collony  in 
Newport,  by  open  proclamation  to  be  made  there,  by  the 
Generall  Sergeant,  and  read  by  the  Towne  Clerke  of  the 
said  towne. 

Voted,  whereas  the  Generall  Assembly  was  adjourned 
unto  the  first  Tuesday  in  September,  1673,  expectinge  to 
heare  of  some  approach  from  the  Dutch  before  October 
next,  as  is  unhappily  come  to  pass,  which  hath  occasioned 
this  present  assemblinge,  the  said  Dutch  havinge  taken 
New  Yor'ke,  and  the  inhabitants  in  expectations  of  the 
approach  of  the  said  Dutch  alwayes  ;  but  haveinge  this 
present  adjournment  enacted  some  acts  for  the  present  ne- 
cessity, doe  therefore  in  his  Majestys  name  adjourne  this 
Assembly  untill  some  time  of  great  occasion  by  suddaine 


500 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G73.  danger  that  may  appeare  from  the  Dutch  before  September 
v-*"?"^r' next,  when  if  any  such  approach  be,  the  Governor,  or 
Deputy  Governor  shall  give  notice  to  the  members  of  the 
Court  some  way,  that  then  the  Assembly  shall  mcete  ; 
Butt  if  noe  such  danger  appeare,  that  then  the  first  Tues- 
day in  September  next  shall  continue  to  be  the  day  of 
meetinge  for  this  Assembly. 


the  Indians. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, September  the  2d,  1673. 

Voted,  that  the  acts  made  by  the  last  sittinge  of  this 
Generall  Assembly,  in  August  last,  are  now  againe  revived 
and  fully  confirmed  by  the  authority  of  this  Assembly. 

Voted,  that  the  Assembly  beinge  senceable  of  the 
abominable  filthynes  by  sellinge  stronge  liquor  to  the 
MquoTto  Indians,  which  by  some  is  practised,  and  although  in  this 
Collony  by  former  Assemblys  there  hath  been  great  care 
to  prevent  it,  some  as  there  is  great  cause  to  creditt 
have  been  soe  filthy  have  been  eager  to  have  such  lawes 
established  that  others  might  be  in  awe  thereby,  and 
themselves  have  the  more  custome  in  such  filthy  trade- 
inge,  that  it  is  manifest  if  they  could  steale  the  Indians 
money  that  they  take  of  them  for  strong  liquors  and  not 
let  them  have  liquors  for  it,  that  would  not  be  soe  much 
harme  to  them  ;  for  by  their  haveinge  liquors,  very  many 
murthers  have  been  committed,  and  many  other  of  the 
most  mischeifs,  and  thereby  hath  been  great  likely  hood, 
and  danger  of  war  between  the  English  and  them  ;  and  it 
is  the  Kings  express  desire  in  our  Charter  (and  our  pro- 
fession alsoe),  for  us  to  be  beneficiall  to  them,  and  by  our 
conversation  to  make  it  appeare  ;  and  the  Indian  Kings, 
by  us  beinge  desired  to  come  to  advise  to  prevent  such 


AND  PROVIDENCE  PLANTATIONS. 


501 


drunkenness  did  freely  come  and  desire  liquors  might  not  1673. 
be  sold  to  Indians,  and  that  they  could  discover  the  liquor 
sellers  but  the  English  slighted  their  witnessinge,  and  they 
consented  it  was  for  the  Indians  buyinge  liquors  to  be 
punished,  and  desired  the  English  to  be  carefull  that  the 
sellers  of  liquors  to  the  Indians  might  be  punished  alsoe. 

Therefore  by  this  Assembly  it  is  enacted,  that  all  offi-*™™^*** 
cers  and  people  be  dilligent  that  all  former  lawes  against iKd'aW 
sellinge  liquors  to  the  Indians,  and  the  punishment  and 
pennaltys  appointed  for  those  that  doe  soe,  and  for  the 
Indians  for  being  drunk,  or  hath  liquors  in  any  towne  or 
within  the  bounds  of  any  towne  in  this  Collony  ;  any 
English  man  or  men  inhabittinge  in  this  Collony,  shall  if 
they  can,  cause  every  such  Indian  soe  drunk  or  haveinge 
liquors,  for  to  be  brought  before  a  Magistrate  ;  and  every 
Indian  soe  guilty,  beside  the  punishment  and  pennalty  by 
any  former  law  prvided  therefor  shall  be  indebted  one  weeks 
worke,  or  six  shillings  to  him  or  they  that  caused  he  or  she 
soe  guilty  to  be  brought  before  a  Magistrate  ;  and  in  case 
the  Indian  will  not  informe  the  Magistrate  of  whome  he  had 
the  liquors,  therefor  he  doth  forfeitt  twenty  shillings ;  and  in 
case  he  informe,  that  he  had  it  of  another  Indian,  that  In-  ' 
dian  soe  soone  as  it  can  be,  shall  be  apprehended,  and  if  it 
be  proved  or  confessed,  he  doth  therefore  forfeitt  twenty 
shillings  ;  and  for  all  such  forfeitures  by  Indians,  they  to  be 
imprisoned  till  payment  or  security  soe  to  doe,  or  soe  to 
stand  a  tryall  by  a  jury  according  to  law,  if  he  desire  it, 
and  affirme  not  guilty  ;  and  the  Magistrate  havinge  in- 
formed the  Indian,  that  if  he  accuse  one  to  have  had 
liquors  of,  that  it  can  be  proved  not  true,  that  he  doth 
thereby  forfeitt  tenn  shillings,  as  it  is  now  soe  enacted  by 
this  Assembly  ;  that  then  whome  the  Indian  doth  soe  ac- 
cuse, the  Magistrate  shall  send  for  the  party  soe  accused, 
by  a  warrant  to  a  Constable,  to  come  before  him,  and  if 
he  will  pay  the  Towne  Treasurer  for  what  the  Indian 
accuseth  him  to  have  had  of  him  accordinge  to  the  propor- 
tion of  twenty  shillings  for  a  gallon,  be  it  less  or  more  the 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


3.  Indian  had  of  him,  he  shall  be  acquitt  for  that  act ;  but  if 
not,  except  the  Magistrate  know  cause  to  the  contrary,  he 
shall  take  his  examination,  and  all  information  of  the  case, 
and  shall  present  it  to  the  next  grand  jurry  ;  and  if  they 
can  finde  the  bill  worth  to  be  tryed  by  a  jurry  of  tryalls, 
the  party  shall  be  summoned  to  answer  ;  and  if  the  jurry 
by  Indian  information  *  and  other  circumstances  that  in 
their  consciences  they  were  perswaded  he  is  soc  guilty, 
they  are  to  find  him  guilty  for  which  he  must  suffer  the 
greatest  pennalty  that  is  by  law  for  an  Indian  soe  to  have 
liquors  of  him,  and  pay  all  fees  and  charges  about  that 
case.  Butt  if  he  be  found  not  guilty,  noe  fees  and  charge 
to  be  paid  in  that  case. 

And  for  the  better  discovery  to  prevent,  that  not  any 
great  quantity  of  liquors  be  soe  disposed  of  contrary  to 
law,  any  master  of  any  vessell  in  any  part  of  this  Collony, 
at  any  time  beinge  demanded  by  the  Towne  Clerke  or  his 
order,  while  the  liquors  are  in  that  vessell  or  within  a 
month  after,  he  shall  give  him  an  account  of  all  cases  of 
wine  and  liquors  he  hath  or  is  to  deliver  in  this  Collony, 
and  to  whome  ;  and  if  he  doe  not  doe  soe,  he  shall  forfeitt 
for  the  quantity  of  every  barrell  soe  not  given  an  account 
of,  five  shillings  ;  and  any  that  doe  not  make  it  knowne 
to  the  Towne  Clerke  next  where  he  hath  it,  what  casks  of 
wine  or  liquors  he  receiveth  to  land  in  this  Collony,  he 
shall  forfeitt  for  the  quantity  of  every  barrill  tenn  shil- 
lings ;  or  if  he  doth  not  give  account  when  by  authority 
it  is  demanded,  to  whom  he  hath  sold  the  quantity  of  a 
barrell,  or  he  ever  receiveth  into  his  custody  the  quantity 
of  a  barrell  in  one  yeare,  to  give  an  account  thereof  as 
aforesaid,  he  shall  forfeitt  for  every  barrells  quantity  not 
soe  informed,  tenn  shillings  ;  soe  there  may  be  a  proba- 
bility of  what  he  may  be  accused  of  to  be  true,  or  to 
cleere  him  if  accused  falsely,  other  wayes  the  witness  noe 
wayes  to  be  invallued  because  an  Indian,  except  the  party 
accused  doe  in  the  manner  of  a  wager  in  law,  produce  six 
freemen  of  the  towne  to  testify  that  they  have  been  intel- 


AND  PROVIDENCE  PLANTATIONS. 


50S 


ligable  concerninge  such  reports  and  in  their  conscience  1673. 
judge  that  within  a  t*welve-inonth  of  that  time  he  hath  notv-^v^*»/ 
seen  cause  to  be  justly  soe  accused  ;   and  the  Towne 
Clerke  to  have  twelve  pence  for  every  hogshead  soe  taken 
notice  of,  or  accordinge  to  that  proportion. 

Voted,  this  Assembly  consideringe  that  the  King  hath  ^erty^of 
granted  us  that  not  any  in  this  Collony  are  to  be  molested 
in  the  liberty  of  their  consciences,  who  are  not  disturbers  of 
the  civill  peace,  and  wee  are  perswaded  that  a  most  flour- 
ishing civil  government  with  loyalty  may  be  best  propagated 
where  liberty  of  conscience  by  any  corporall  power  is  not 
obstructed  that  is  not  to  any  unchastness  of  body,  and  not 
by  a  body  doeinge  any  hurt  to  a  body,  neither  indeavor- 
inge  soe  to  doe  ;  and  although  wee  know  by  man  not  any  on  the  &r»t 
can  be  forced  to  worship  God  or  for  to  keep  holy  or  not  toweek- 
keep  holy  any  day  ;  but  forasmuch  as  the  first  dayes  of 
weeks,  it  is  usuall  for  parents  and  masters  not  to  imploy 
their  children  or  servants  as  upon  other  dayes,  and  some 
others  alsoe  that  are  not  under  such  government,  account- 
inge  it  as  a  spare  time,  and  soe  spend  it  in  debaistnes  or 
tipplinge  and  unlawfull  games  and  wantonness,  and  most 
abhominably  there  practiced  by  those  that  live  with  the 
English  at  such  times  to  resort  to  townes.  Therefore,  this 
Assembly,  not  to  oppose  or  propagate  any  worship,  but  as 
by  preventinge  debaistnes,  although  wee  know  masters  or 
parents  cannot  and  are  not  by  violence,  to  indeavor  to 
force  any  under  their  govornment,  to  any  worshipper 
from  any  worshipp,  that  is  not  debaistnes  or  disturbant  to 
the  civill  peace,  but  they  are  to  require  them,  and  if  that 
will  not  prevaile,  if  they  can  they  should  compell  them  not 
to  doe  what  is  debaistnes,  or  uncivill  or  inhuman,  not  to 
frequent  any  imodest  company  or  practices. 

Therefore,  by  his  Majestys  authority  it  is  enacted,  that No liquor  ^ 
on  the  first  dayes  of  the  weeks  whoever  he  be  that  doth  Sunday?" 
lett  any  have  any  drink,  that  he  or  any  other  is  drunk 
thereby,  besides  all  other  forfeitures  therefor,  for  every 
one  soe  drunk  they  shall  forfeitt  six  shillings ;  and  for 


504 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1673.  every  one  that  cntertaines  in  gameinge  or  tipplinge  upon 
v-"v~**-/  the  first  day  of  the  week,  he  shall  forfeitt  six  shillings ; 
and  by  his  Majestys  authority  thereby  it  is  enacted,  that  for 
to  prevent  any  such  misdemeanures,  if  any  are  soe  guilty 
to  discover  them  that  every  first  day  of  the  week  in  every 
towne  in  this  Collony  there  shall  be  a  Constables  watch, 
for  every  inhabitant  fitt  to  watch  to  take  his  turne  that 
belongeth  to  the  towne,  or  pay  for  hyringe  of  one,  soe  for 
one  or  more  to  watch  in  a  day  as  the  Towne  Couucill  judge 
necessary  to  restraine  any  debaistnes  or  imodesty  or  con- 
course of  people  tipplinge  or  gameinge,  or  wantonnes, 
that  all  modest  assemblys  may  not  be  interrupted  ;  espe- 
cially all  such  that  profess  they  meet  in  the  worshipp  of 
God,  if  some  of  them  will  be  most  false  worshippers,  they 
should  only  be  strove  against  therefore  with  spirituall 
weapons  ;  if  they  do  not  disowne  that  they  should  not 
be  condemned  whoever  they  be  that  be  unchaste  with 
their  bodys,  or  with  there  bodys  oppress  or  doe  violence 
to  what  is  mortall  of  any  man  ;  but  as  they  should  be 
subject  to  such  to  suffer  for  such  transgressions,  parants 
may  therefore  correct  their  children,  and  masters  their 
servants  ;  and  Magistrates  should  be  a  terror  to  such  evil 
doers. 

Voted,  forasmuch  as  the  Statutes,  or  Booke  of  Statutes 
is  not  at  this  present  sittinge  of  the  Assembly  upon  ad- 
journment, butt  forasmuch  as  by  his  Majestys  open  letters 
pattents,  this  Assembly  and  all  other  Assemblys  shall 
make  lawes  as  agreeable  to  the  lawes  of  his  Majestyes 
realme  of  England  as  may  be,  &c,  as  more  largely  ex- 
pressed in  the  said  favourable  letters  pattents,  to  which 
said  end  that  lawes  to  be  enacted  be  such  as  soe 
required. 

Bee  it  therefore  by  his  Majestyes  authority  enacted  by 
The  statute  this  Assembly,  that  the  aforesaid  Booke  containinge  many 
^semb^-s'11  statutes  of  England,  his  Majestys  realme,  for  the  better 
"t^iis.'  governinge  of  this  his  Majestys  Collony  by  good  laws  (in 
the  said  Booke),  and  for  the  nearer  conformity  of  the  acts 


AND  PROVIDENCE  PLANTATIONS. 


505 


of  all  Assemblys  to  the  said  lawes  of  his  Majestys  realm  1673. 
of  England,  in  the  said  Booke,  the  said  Booke  shall  all- v^~v-^' 
wayes  hereafter  be  in  every  Generall  Assembly  ;  and  that 
Mr.  John  Sanford,  Recorder,  shall  at  the  next  said  Assem- 
bly bring  the  said  Booke  (now  in  his  custody),  thither  and 
there  be,  and  that  the  said  Booke  shall  alsoe  be  in  every 
Court  of  Tryalls  hereafter,  that  proceedings  in  the  said 
Courts  may  be  guided  thereby,  and  in  conformity 
thereto. 

Voted,  whereas  there  was  a  Generall  Auditt  appointed ^ntlm* 
in  October  last,  and  by  the  Assemblys  since  their  power  a"' 
hath  been  continued  to  auditt  the  Collonys  accounts,  and  o™ober'.n 
the  said  Auditt  accordinge  to  the  trust  to  them  reposed 
and  committed  haveinge  made  inspection,  and  made  a 
returne  under  their  hands  that  they  finde  the  Collony 
indebted  the  sum  of  one  hundred  thirty  six  pounds,  three 
shillings,  six  pence  ;  besides  sixteen  shillings,  three 
pence  money,  expended  at  Portsmouth,  by  the  said 
Auditt,  and  they  the  said  Auditt  findinge  that  the 
Collony  is  creditor  by  severall  pertickulars,  sixty  four 
pounds,  fourteen  shillings,  four  pence,  soe  that  the 
Collony  doth  stand  still  indebted  unto  severall  persons  as 
appeares  by  the  said  returne  made  by  the  said  Auditt, 
the  sum  of  seventy  one  pounds,  nine  shillings,  two  pence, 
besides  the  said  sixteen  shillings,  three  pence  expenses, 
which  this  Assembly  would  have  endeavoured  should  have 
been  raised  and  paid ;  but  by  reason  that  there  is  not  now 
in  this  Assembly  a  full  number  of  Deputies  present, 
whereby  according  to  former  law  this  Assembly  might 
proceed  to  the  levyinge  and  assessinge  a  rate  on  the 
Collony  for  payment  of  the  said  debts ;  therefore  this  As- 
sembly doe  referr  the  same  unto  the  Assembly  in  October 
next,  for  a  further  care  and  course  to  be  taken  therein. 

Voted,  that  all  the  fines  and  forfeitures  by  the  members  Fines  and 

forfeitures 

of  this  Assembly  in  not  attendinge  the  Assembly  as  they remitted- 
ought  to  have  done,  is  wholly  remitted  ;  only  this  present 
act  is  not  to  be  exemplary  for  the  future,  but  that  such  as 
vol  ir.  64 


500 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G73.  doe  not  for  the  future  attend  accordinge  as  the  law  hath 
promised,  arc  to  pay  their  fines  accordingly. 

Voted,  forasmuch  as  plainc  and  honest  dealinge  is  that 
MrdaHflMi "which  all  men  would  receive,  and  all  and  every  man 
Book.new  should  vouchsafe  to  pcrforme,  and  doe  to  others  generally 
and  pertickularly,  this  Assembly  beinge  not  only  willing 
to  say  but  pcrforme  honest  care,  not  only  to  preserve  the 
liberties  of  law,  but  alsoc  their  estates,  and  as  little  as 
they  possible  can  charge  their  neighbours,  and  to  convince 
them  thereof;  by  his  Majestys  authority  enact  as 
followeth,  that  notwithstanding  in  all  former  times,  noe 
accounts  thereof  remaine  in  Booke  or  Bookes  perticularly  ; 
yett  from  this  present  Assembly  according  to  an  act  of  the 
Assembly  in  May  last,  shall  by  this  present  act  be  per- 
formed and  putt  in  execution,  viz.  :  all  such  said  accounts 
as  are  therein  expressed,  shall  be  recorded  in  the  said 
Booke,  viz.  :  after  this  following  forme  from  Court  to 
Court,  and  time  to  time,  viz.  : 

£  s.  d. 

At  such  a  Court  at  such  a  time,  (suppose  it  be  0  0  0 
the  Generall  Assembly),  for  such  a  cause,  at 
such  a  time,  allowed  and  paid  to  such  a  man  or 
men,  soe  much,  expressinge  thus  as  the  sum 
may  be,  —  -  - 

Or  at  the  Court  of  Tryalls  ,  for  such  a 

cause,  allowed  or  paid  to  such  a  man,  &c,  -  —  - 

Or  the  Governor,  Deputy  Governor,  or  any 
Assistant,  hath  for  such  a  cause  allowed  or  paid 
to  such  a  man  for  the  Collonys  use,  or  for  the 
Collonys  service,  -  -  — 

In  which  manner  shall  be  entered  into  the  new  Booke 
by  the  Generall  Recorder  every  yeares  account  distinct  as 
to  every  person  from  the  May  Generall  Assembly,  1672,  as 
shall  be  brought  in  to  accomplish  the  record  of  what  the 
last  Audittors  auditted  ;  and  when  the  yeare  shall  be  ac- 
complished, begin  againe  distinctly  for  the  next  yeare  ; 
and  soe  successively  for  future  yeares. 


AND  PROVIDENCE  PLANTATIONS. 


507 


na  pe- 
tition. 


Or  the  Generall  Councill  shall  in  like  manner  make  ami  1673. 
give  account  of  their  expenses  to  the  Collonys  use  or'-—"—' 
service. 

And  in  which  said  Booke  shall  be  recorded  all  fines. 
And  the  said  Booke  to  be  well  kept  as  a  Booke  of 
Debitor  and  Creditor.  And  that  all  the  acts  of  this  As- 
sembly and  adjournments,  shall  all  be  recorded  in  the  Ool- 
lony  Booke  ;  and  all  the  said  acts  sent  to  the  townes 
under  the  seale  of  the  Collony,  when  the  warrants  goe  out 
to  call  or  provide  for  the  next  Court  in  October  next. 

Voted,  whereas  Mrs.  Sarah  Davis,  widdow  or  relict  of™^0^, 
Mr.  Nicholas  Davis,  deceased,  intestant,  hath  made  herD^idc 
complaint  that  the  last  May  the  13th  day,  and  the  21st' 
day,  1673,  to  the  Generall  Assembly  then  sittinge  by  ad- 
journment, by  reason  of  a  bond  drawne,  and  sealed  and 
signed  by  the  said  widdow,  of  the  sum  of  sixteen  hundred 
pound's  to  the  Towns  Councill  of  Newport  ;  the  condition 
beinge  that  the  said  widdow  should  pay  all  her  said  hus- 
band's estate  in  this  towne  to  the  creditors  the  said 
widdow  beinge  in  great  trouble,  for  that  the  said  widdow 
by  the  said  bond  or  condition  thereof ;  and  this  Assembly 
at  their  last  sittinge  promised  to  give  some  answer  to  the 
said  widdow's  request ;  the  Assembly  haveinge  heard  the 
said  matter  largely  debated,  doe  hereby  declare  ;  that  the 
Towne  Councill  of  Newport,  by  the  law  of  the  Collony 
have  full  power  to  order  the  payment  of  every  persons 
estate  that  dyeth  intestant  in  the  said  towne,  and  hath 
power  to  reforme  any  bond  according  to  reason  and  law  ; 
and  alsoe  have  power  to  admeasure  and  pay  the  widdows 
dower. 

Voted,  that  the  Recorder  shall  be  allowed  and  paid  by 
the  Generall  Treasurer  the  sum  of  twenty  shillings  for  his 
attendance  and  service  at  the  meetinge  of  this  Assembly 
in  August  last,  and  this  present  meetinge  of  the  Assem- 
bly ;  and  shall  be  paid  twenty  five  shillings  from  each 
towne  for  copies  of  this  Asemblys  acts  under  the  seale  of 


508  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G73.  the  Collony,  and  for  recording  and  entering  the  said  acts 
in  the  Booke  of  Records. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  29th  of  October,  1G73. 

Mr.  Nicholas  Easton,  Governor. 

Mr.  William  Coddington,  Deputie  Governor. 


ASSISTANTS. 

Mr.  Walter  Clarke,  Mr.  Thomas  Feild, 

Mr.  Daniel  Gould,  Mr.  Joshua  Coggeshall,- 

Mr.  John  Easton,  Mr.  John  Tripp, 

Mr.  William  Harris,  Mr.  Walter  Todd, 

Mr.  Thomas  Harris,  Mr.  Job  Almy, 


DEPUTIES. 

For  Newport,     Mr.  Edward  Thurston,  engaged. 

"       Mr.  Peter  Easton,  engaged. 

"       Mr.  Henry  Bull,  engaged. 

"       Mr.  Thomas  Clifton,  engaged. 

"       Mr.  William  Case,  engaged. 

"       Mr.  John  Greene. 
For  Providence,  Mr.  John  Lapham,  engaged. 

"       Mr.  William  Astin,  engaged. 

"       Mr.  Thomas  Harris,  engaged. 

"       Mr.  Tollera.  Harris,  engaged. 
For  Portsmouth,  John  Sanford,  engaged. 

"       Mr.  Edward  Fisher,  engaged. 

"       Mr.  Adam  Mott,  engaged. 

"       Mr.  John  Bordin,  engaged. 


AND  PROVIDENCE  PLANTATIONS. 


509 


DEPUTIES.  1673. 

For  Warwicke,  Mr.  John  Weeks,  v-^-v-^ 

"  Mr.  Benjamin  Smith, 

"  Mr.  Eliza  Collins, 

"  Mr.  Thomas  StafFord,  engaged. 


9  t« 

the 

jury. 


Mr.  John  Easton,  chosen  Moderator  of  the  Assembly. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

According  to  former  order,  the  Charter  openly  read. 

Voted,  that  the  Indian  I-an-ke-sick,  now  in  prison  for 
the  murtheringe  of  OssaWan,  an  Indian,  shall  this  instant 
Court  of  Try  alls  come  to  a  try  all. 

Voted,  that  the  tryall  of  the  said  Indian  shall  be  by  six  ^f™5 
Englishmen  and  six  Indians.  The  Indians  to  be  on  the 
said  jury,  three  to  be  chosen  by  Mawsup,  and  three  by 
Ninneganett ;  provided,  they  appoint  such  Indians  to 
serve  as  are  amongst  the  English  accounted  as  honest 
men  ;  otherwise,  the  Court  of  Tryall  to  make  up  a  jury. 

And  that  in  all  cases  of  this  nature  wherein  one  Indian  ^ testl- 
hath  a  complaint  against  another  Indian,  the  testimony  of mony" 
an  Indian  may  be  taken,  and  in  the  judgment  of  the  jury 
to  accept  or  refuse  the  evidence  as  it  were  the  testimony 
of  an  Englishman. 

Voted,  whereas  Henry  Roberts  of  the  towne  of  Provi-  ?rtsDrPrarRt0obf 
dence  hath  lately  sold  liquors  to  some  Indians,  against  the  mfued? r° 
law  of  the  Collony,  and  the  said  Roberts  haveinge  owned 
his  transgression  therein,  and  craveinge  the  Court's  favour, 
pleading  his  ignorance  of  the  law,  and  the  Court  of  Tryalls 
haveinge  referred  the  matter  to  this  Assembly,  this  As- 
sembly haveinge  perused  his  petition  and  considered  the 
poore  condition  of  the  petitioner,  doe  see  cause  to  abate 
some  part  of  the  pennalty  which  by  law  he  is  guilty  of, 
and  doe  fine  him  the  sum  of  thirty  shillings,  to  be  paid  to 
the  Generall  Treasurer. 

Voted,  whereas  Ephraim  Carpenter,  chosen  by  the  carpeXr's 
towne  of  Providence,  to  serve  at  the  Generall  Court  of  mitt«£ 
Tryalls  in  May  last,  and  he  havinge  alledged  that  he  was 


510 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1673.  sick,  and  not  able  to  attend  that  service,  the  Assembly  doe 

-i«^^*^renntt  bis  tine. 

Voted,  this  Assembly,  taking  into  consideration  the  great 

i.'akinY  °f  ^'satisfaction  and  irregularity  that  hath  been  by  makeingc 

ate8  rates  or  raisinge  a  common  stock  for  public  charges  in  this 
Collony  in  general,  or  for  any  perticular  towne,  and  the  great 
faileablcncss  to  accomplish  it,  and  great  delaies  in  per- 
formance, what  was  done,  and  the  necessity  there  is  for 
publick  charge  to  be  borne,  and  the  justice  it  should  be 
done  according  to  equcty  in  estate  and  strength  ;  therefore 
when  a  Court  that  hath  that  authority,  determineth  a  rate 
for  the  Collony,  or  a  towne  meetinge  that  hath  that 
authority,  determine  a  rate  for  a  towne  by  the  Kings  au- 
thority in  this  Assembly  ;  it  is  enacted,  that  when  a  rate  is 
for  the  Collony,  every  person  rateable  in  and  to  this  Col- 
lony be  informed  ;  and  when  a  rate  is  for  a  towne,  that 
every  person  rateable  in  and  to  the  towne,  be  informed  ; 
every  one  to  make  a  true  valluation  of  theire  estate  and 
strength,  every  thinge  that  is  any  estate  to  them  be 
vallued,  which  they  are  not  rated  for  to  another  place  ; 
and  when  for  a  pertickular  towne  rate,  what  they  are  not 
rated  to  another  towne.  And  when  a  rate  is  determined 
for  the  Collony,  that  the  Court  order  information  to  every 
one  rateable  for  the  Collony  to  vallue  their  estates  in  the 
manner  this  act  expresseth  ;  and  when  a  rate  is  deter- 
mined for  a  towne,  that  towne  meeting  to  order  information 
to  every  one  rateable  for  the  towne  to  vallue  their  estates 
in  the  manner  this  act  expresseth  ;  and  to  pay  to  the  Treas- 
ury to  whome  it  doth  belong,  a  farthing  or  a  penny  upon 
the  pound  of  estate  and  strength,  less  or  more,  accordinge 
as  the  Assembly  may  guess  may  pay  or  produce  what  they 
know  the  Collony  or  towne  is  in  debt,  or  should  be  pro- 
duced for  the  Collony  or  towne,  and  to  order  by  what  time 
every  one  is  to  pay  to  the  Treasurer  for  the  Treasury  to 
whome  it  doth  belong,  in  the  manner  this  act  expresseth, 
or  to  give  the  Treasurer  a  bill  what  accordinge  to  the 
manner  this  act  expresseth  is  for  him  to  pay  to  the  Treas- 


AND  PROVIDENCE  PLANTATIONS. 


urer  to  whome  it  doth  belong  ;  and  if  when  it  is  all  soe 
paid,  there  be  not  enough  for  what  it  was  appointed  what 
is  most  needfull,  that  to  be  disbursed  for  first  out  of  the 
Treasury,  and  the  rest  to  stay  untill  there  be  another  rate  ; 
and  if  there  be  too  much  than  for  present  needeth,  be  in 
stock  untill  there  be  more  need  ;  and  the  Assembly  to 
order  what  and  whome  they  will  pay  first,  or  for  what 
disbursed,  that  there  is  not  law  how  it  shall  be  done  ;  and 
that  a  Booke  of  account  be  thereof  kept  by  the  Treasurer 
that  it  may  be  seen  by  any  freeman  what  charge  they 
have  been  at  in  any  yeare,  and  by  whose  order,  and  how 
much  have  been  paid,  and  to  whome  ;  and  for  what  and 
how  much  raised  in  generaTl  of  the  Collony,  or  what  towne 
oweth  to  any  man  that  the  Treasurer  by  order  out  of  the 
Treasury  is  to  pay  ;  or  may  order  that  man  to  offset  as 
much  as  it  cometh  to  out  of  his  owne  rate,  or  to  be  paid 
out  of  any  other  mans  or  mens  rate  as  much  as  it  cometh 
to,  or  out  of  any  mans  fine  or  forfeiture,  and  give  them 
creditt  for  what  is  soe  paid  to  the  Collony  or  towne,  as  it 
belongeth  to,  soe  to  prevent  trouble  to  the  Treasurer  to  re- 
ceive or  to  deliver  ;  and  any  man  may  soe  pay  in  any- 
thing that  is  rateable,  and  it  shall  not  be  refused  at  the 
price  as  by  two  indifferent  men  vallued ;  but  what  is  paid 
to  the  Treasurer  for  the  Treasury  must  be  paid  in  what 
may  be  kept  in  a  store  house  three  months  without  dam- 
age to  it,  or  other  charge  ;  and  not  any  such  pay  to  be 
refused  as  by  indifferent  men  it  is  vallued  ;  and  if  after 
the  rate  is  ordered  at  a  Generall  Assembly,  it  appeareth 
that  any  have  not  rated  themselves,  or  not  soe  brought  in 
their  rate,  that  the  Generall  Assembly  may  appoint  men 
to  gess  at  their  estates,  and  rate  them  as  they  should  have 
done  themselves,  and  accordinge  to  double  the  proportion 
for  forbearance,  or  that  is  accordinge  to  tenn  upon  the 
hundred  a  yeare  forbeareance,  and  the  charge  to  rate 
them  ;  and  if  the  Assembly  judge  any  have  under  vallued 
their  estates,  such  shall  be  required  to  give  in  to  the 

Treasurer  a  true  forme  of  an  inventory  of  all  their  estate 
* 


12 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1073.  and  strength  in  pevcickular,  and  give  in  writeinge  what 
proportion  cf  estate  and  strength  in  pertiekelar  he  guesseth 
tenn  of  his  neighbours,  nameingc  them  in  pertickular, 
hath  in  estate  and  strength  to  his  estate  and  strength  ; 
and  if  any  soe  required  doe  not  soe,  the  next  Assembly 
may  appoint  men  to  rate  them  with  what  they  have  paid,  as 
the  others  that  did  not  rate  themselves  ;  or  if  it  be  proved 
that  there  is  more  due  from  any  than  they  have  rated 
themselves,  they  are  to  pay  double  as  much  therefor  (and 
for  the  forbearance),  as  for  it  they  should  have  rated 
themselves  ;  all  rates  to  be  paid  in  country  pay,  accord- 
inge  to  price  of  wooll  twelve  pence  a  pound  ;  and  to 
vallue  their  estates  according  as  it  would  be  worth  to  pay 
a  debt  in  old  England. 

Voted,  it  haveinge  been  enacted  by  this  Assembly,  that 
for  the  payment  of  a  rate  to  be  levied  for  the  payment  of 
the  Collonys  now  knowne  debts,  men  may  vallue  their  es- 
tates at  such  a  vallue  as  is  agreeable  to  sterling  money  of 
England,  &c,  as  more  pertickularly  expressed  in  the  said 
act ;  bee  it  enacted  by  this  Assembly,  that  every  person 
shall  bringe  in  to  the  Treasurer  or  offsett  for  him  selfe  or 
for  his  neigbour  or  neighbours  by  notes  under  hand  as 
need  shall  require  a  farthing  upon  the  pound  ;  and  that 
the  Treasurer  for  what  he  soe  receives,  shall  give  dis- 
charge ;  and  that  the  said  sum  of  a  farthing  upon  the 
pound,  shall  be  paid  in  betwixt  this  and  the  beginninge 
of  Aprill  next,  or  before,  in  such  pay  as  expressed  in  the 
said  acte. 

Furthermore,  for  the  easinge  of  trouble,  if  any  man 
send  a  noate  to  the  Treasurer,  that  his  rate  comes  to  such 
a  sum,  and  that  he  will  pay  it  to  such  a  man  as  he  shall 
send  to  receive  it ;  that  the  Treasurer  shall  then  as  need 
and  opportunity  shall  serve,  give  such  said  man  order  to 
receive  it. 

Voted,  forasmuch  as  the  King's  Majesty  hath  been 
pleased  graciously  to  grant  to  this  Collony  that  they  may 
enact  lawes  as  expressed  in  his  open  letters  pattent  as 


AND  PROVIDENCE  PLANTATION'S. 


513 


agreeable  to  the  lawes  of  his  realme  of  England,  as  the  1073. 
nature  and  the  constitution  of  the  place  and  people  can  ^r-'^" 
admitt.    And  a°raine,  considenns;e  in  the  foUowinore  case  «ntries  anJ 
as  to  forceable  entries  and  detainures,  and  the  proceedings 
thereabout,  the  laws  of  England  concerning  the  same  were 
enacted  after  many  hundreds  of  yeares'  experience  of  the 
need  of  the  said  lawes,  and  by  proofe  and  experience 
found  good  and  necessary  for  the  preservation  of  the 
peace  of  the  said  realme,  and  subjects  and  interest  (some 
of  them  for  hundreds  of  yeares),  soe  found. 

Therefore  be  it  enacted  by  his  Majesty's  authority  in 
this  Assembly,  and  by  the  same  it  is  enacted,  that  these 
lawes  following  recited,  concerninge  forceable  entries  and 
forceable  detainures,  and  every  clause  in  them  or  any  of 
them  (soe  far  as  the  nature  and  constitution  of  this  place 
and  people  can  admitt),  namely,  the  5  R.  ii.  7  ;  15  R. 
ii.  2  ;  4  H.  iv.  8  ;  13  H.  iv.  7  ;  8  H.  vi.  9  ;  19  H.  vii. 
13  ;  23  H.  viii.  14  ;  31  EL  11  and  21 ;  Jac.  xv.,. 
shall  stand  in  full  force  against  all  forceable  entries,  and 
forceable  detainures,  and  against  all  forceable  enterers  and 
detayners  ;  and  shall  be  proceeded  against  as  expressed 
therein,  any  other  law  or  lawes  of  this  Collony,  clauses  or 
clause  in  them,  or  either  of  them,  to  the  contrary  notwith- 
standinge,  provided,  nevertheless ; 

Forasmuch,  as  difference  hath  appeared  about  title  to  One  A^siti- 


ant  not  to 


land  or  wavs  to  persons'  lands  thereabout,  strife  hath  cotmier-  ; 

•  r  mand  what 

arisen  betweene  officers,  and  the  one  against  the  other  "ethTone 
the  said  officers ;    therefore,    for  the  preventinge  the  much  power 

as  another. 

breach  of  peace,  and  other  dangers  for  the  future,  be  it 
further  enacted  and  hereby  it  is  enacted,  that  if  any  com- 
plaint come  to  any  one  Assistant  as  to  forceable  entry,  or 
detainure,  or  for  pulling  downe  fences,  claiming  right  to 
the  lands  or  waves  inclosed,  that  in  all  such  cases,  if  the 
said  complaint  be  denyed  to  be  just,  or  any  other  way  in- 
terrupted by  another  Assistant  and  withstood,  in  all  such 
case  and  cases,  one  Assistant's  power  shall  not  be  of  force 
against  the  power  of  the  other  ;  but  one  of  them  joyne- 

65 


514 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G73.  ingc  with  another  in  the  execution  of  their  office  or  power 
shall  be  of  force  against  one  Assistant's  opinion  or  power 
in  exercise  of  their  offices.  And  forasmuch  as  the  other 
officer  may  be  thought  partiall  or  prejudiced,  therefore  the 
grieved  parties  or  party  may  further  or  to  others  or  to 
more  Assistants,  complaine  at  their  or  either  of  their  elec- 
tions or  choyces,  or  to  the  Governor  or  Deputy  Governor, 
if  need  require. 

Voted,  whereas  Mr.  John  Clarke,  formerly  the  Collo- 
ciaVkeNde  ny's  aScn^  f°r  procurcinge  the  Charter  of  this  Assembly, 
™4"0d  of    hath  demanded  £450  sterling,  lawfull  money  of  England, 
yett  remaininge  a  debt  due  to  him,  the  said  Mr.  Clarke. 
In  answer  thereto,  this  Assembly  hath  enacted  that  they, 
the  said  Assembly  in  the  Collony's  behalfe,  doe  order  a 
way  to  pay  the  said  Mr.  Clarke  what  shall,  upon  a  just 
demand  upon  a  just  account,  and  true  reckoninge  be  made 
to  appeare  his  due.    And  if  the  said  Mr.  Clarke  doe  shew 
*  reasons  to  a  person  or  persons  appointed  by  this  Assem- 
bly, to  write  to  and  speake  with  the  said  Mr.  Clarke,  as 
to  account  how  the  said  sum  of  £450  sterling,  comes  to 
be  due,  consideringe  the  sums  already  paid,  and  the  rea- 
sons of  them,  and  either  of  them,  as  the  said  man  impow- 
ered  shall  request ;  and  after  a  full  discourse,  betweene 
the  said  Mr.  Clarke  and  the  said  man  in  writeinge,'  that 
then  the  said  discourse  shall  be  brought  to  the  Assembly 
then  next  sittinge  ;  and  what  shall  so  seeme  just,  shall  be 
paid  to  the  said  Mr.  Clarke.    Butt  if  either  the  said  As- 
sembly or  the  said  Mr.  Clarke  be  unsatisfyed  by  the  said 
discourse  in  writeinge,  that  then  the  said  Assembly  shall 
order  and  agree  with  Mr.  Clarke  to  refer  the  resolution  of 
the  said  sum  to  the  Governor  mentioned  by  Mr.  Clarke, 
or  to  such  other  as  mutually  shall  be  agreed  on  betweene 
the  Assembly  and  the  said  Mr.  John  Clarke. 

Nevertheless,  this  Assembly  doth  not  yett  imagine  any 
such  sum  due  to  the  said  Mr.  Clarke,  consideringe  that 
the  said  Mr.  Clarke  hath  received  already  a  great  sum, 
and  the  said  Mr.  Clarke  showing  that  he  had  occasions  of 


AND  PROVIDENCE  PLANTATIONS. 


515 


Ms  to  goe  for  England,  which  was  not  the  Collony's  busi-  1673. 
ness  ;  but  as  for  the  other  pertickulars  or  parts  of  Mr. 
Clarke's  paper,  wherein  his  foresaid  demand  of  £450  is, 
this  Assembly  see  cause  further  to  consider  a  pertickular 
answer  to  them,  they  beinge  soe  large,  many  and  weighty, 
as  to  danger  either  to  the  Collony  or  Mr.  Clarke,  if  they 
the  said  Assembly  have  soe  transgressed  against  the  King, 
or  Mr.  Clarke,  and  against  the  law  of  and  the  Collony. 
And  by  this  present  Assembly  William  Harris  is  au- 
thorized to  write  to  and  answer  what  is  above  premised 
concerning  Mr.  Clarke's  demand,  and  make  his  returne 
thereof  to  the  next  Generall  Assembly. 

Voted,  forasmuch  as  the  debts  of  the  Collony  are  very  German 
much  by  reason  of  the  Sergeant's  great  wages,  and  there-  wages, 
by  the  inhabitants  greatly  oppressed  and  grieved,  and  his 
the  said  Sergeant's  sums  mount  very  high,  and  if  more 
Courts  answerably  charge  increaseth  to  the  Collony's 
great  charge  and  the  inhabitants'  grievous  burthen  ;  and 
yett  the  said  Sergeant  hath  great  fees  at  the  Court  of 
Tryalls,  and  four  shillings  a  day  alsoe. 

Therefore  bee  it  enacted  by  this  Assembly,  that  the 
Gen'll  Sergeant  for  attending  the  Assembly  shall  have  for 
all  future  attendance  on  the  Assembly  three  shillings  per 
day ;  and  for  the  Courts  of  Tryall  noe  day  wages,  but 
only  such  other  fees  sett  by  law  ;  and  this  act  to  stand  in 
force,  any  other  to  the  contrary  notwithstandinge. 

Voted,  that  Robert  Taylor,  rope-maker,  shall  be  keeper  Prison 
of  the  prison  untill  the  next  Election. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have  tenn 
shillings  from  each  towne  for  coppys  of  this  Court  orders 
under  the  seale  of  the  Collony. 


51G 
1674. 


RECORDS  OF  TUB  COLONY  OF  RHODE  ISLAND, 


Proceedings  of  the  Generall  Assembly  held  for  the  Collony 
of  Rhode  Island  and  Providence  Plantations  at  Neivport, 
the  5th  of  May,  1074. 

Mr.  Nicholas  Easton,  Governor. 

Mr.  William  Coddington,  Deputic  Governor, 

ASSISTANTS. 

Mr.  Walter  Clarke,  Mr.  Thomas  Field, 

Mr.  Daniel  Gould,  Mr.  Joshua  Coggeshall, 

Mr.  John  Easton,  Mr.  John  Tripp, 

Mr.  William  Harris,  Mr.  Walter  Todd, 

Mr.  Thomas  Harris,  Mr.  Job  Almy. 


DEPUTIES. 

Mr.  Edward  Thurston,  engaged. 

Mr.  John  Wood,  engaged. 

Mr.  William  Case,  engaged. 

Mr.  Peter  Easton,  engaged. 

Mr.  Thomas  Clifton,  engaged. 

Mr.  Henry  Bull,  engaged. 

Mr.  John  Whipple,  Sen'r,  engaged. 

Mr.  John  Sayles. 

Mr.  Stephen  Arnold,  engaged. 

Mr.  Edward  Enman,  engaged. 

John  Sanford. 

Lieut.  William  Cadman,  engaged. 
Ensigne  Lott  Strainge,  engaged. 
Mr.  William  Woodell,  engaged. 
Capt'n  John  Greene. 
Mr.  James  Greene. 
Mr.  Thomas  Greene. 
Mr.  Richard  Carder. 


AND  PROVIDENCE  PLANTATIONS. 


517 


Mr.  William  Coddington,  chosen  Moderator  of  this  1674. 
Assembly.  ^-v-*- 

John  Sanford,  chosen  Clerke  of  this  Assembly. 

Voted,  John  Keep,  Samuell  Borden,  Benjamin  Chase, 
George  Sisson,  and  John  Simmons,  freemen  of  the  towne 
of  Portsmouth,  are  admitted  freemen  of  this  Collony. 

At  the  Generall  Assembly  and  Court  of  Election  held  at  Nevj? 
port,  the  Qth  day  of  May,  1074.  The  Assembly  consist- 
inge  of  the  Magistrates  and  Deputies  next  aforenamed. 

Mr.  William  Coddington,  Deputy  Governor,  chosen 
Moderator  of  this  Assembly. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

Voted,  Mr.  Walter  Clarke,  Mr.  Henry  Bull,  Mr.  Dan'll 
Gould,  Lieut.  William  Cadman,  Mr.  John  Easton,  Ensigne 
Lott  Strainge,  Mr.  Joshua  Coggeshall  and  Mr.  Edward 
Thurston,  are  appointed  by  this  Assembly  to  take  care  of 
and  see  that  there  be  an  orderly  and  due  course  proceeded 
in  by  this  Election  soe  as  near  as  may  be  in  the  said 
Election  noe  defraud  or  deceit  may  by  any  be  practised. 

Voted,  that  the  Election  doe  forthwith  proceed. 

By  the  Election  was  chosen  : 

Mr.  William  Coddington,  Governor,  engaged. 

Mr.  John  Easton,  Deputy  Governor,  engaged. 

Mr.  John  Coggeshall,  Assistant,  engaged. 

Mr.  Walter  Clarke,  Assistant,  engaged. 

Mr.  Daniell  Gould,  Assistant,  engaged. 

Mr.  William  Harris,  Assistant,  engaged. 

Capt.  Arthur  Fenner,  Assistant. 

Mr.  Thomas  Harris,  Sen'r,  Assistant,  engaged. 

Mr.  Joshua  Coggeshall,  Assistant,  engaged. 

Mr.  John  Tripp,  Assistant,  engaged. 

Mr.  Job  Almy,  Assistant,  engaged. 

Mr.  Samuell  Stafford,  Assistant. 

John  Sanford,  Recorder,  engaged. 

James  Rogers,  Generall  Sergant,  engaged. 


518  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G74.      Mi*.  Peter  Easton,  Generall  Treasurer,  engaged. 

Mr.  Peter  Easton,  Generall  Attorney,  engaged. 
Mr.  Robert  Williams,  Generall  Solicitor. 

May  the  7  th. 

The  Assembly  met,  called  and  satt. 
The  coppy  of  the  Charter  according  to  former  order 
openly  read. 

Voted,  whereas  Mr.  John  Coggeshall,  chosen  Assistant 
hath  positively  refused  to  serve  in  that  office,  this  Assem- 
bly doc  vote  and  order  to  proceed  to  the  Election  of  an- 
other in  his  stead. 

Capt.  John  Cranston,  chosen  Assistant ;  and  Mr.  Wm. 
Harris  is  by  this  Assembly  desired  to  goe  to  Capt'n  Crans- 
ton and  acquaint  him  thereof. 

Voted,  whereas  Capt'n  John  Cranston,  chosen  by  the 
Assembly  first  Assistant  in  the  stead  of  Mr.  John  Cogges- 
hall ;  and  he  haveinge  positively  refused  to  serve  in  that 
place  and  office,  the  Assembly  doe  order  to  proceed  to  the 
election  of  another. 

Mr.  Henry  Bull,  chosen  Assistant,  engaged. 

Voted,  whereas  there  are  severall  of  the  inhabitants  of 
Complaint  the  Narragansett  country  whoe  doe  complaine  that  as  now 

of  the  Nar-  °  .  . 

ragansett    they  stand  related,  thev  are  in  an  uncertaine  condition, 

people.  j  *  *  • 

relateinge  to  government ;  and  they  haveinge  desired  this 
Assembly  to  consider  them  and  endeavour  their  settlement 
in  a  way  of  peace  and  justice.  This  Assembly  doe  order 
and  referr  the  further  consideration  of  that  matter  to  a 
Committee,  expectinge  their  returne  to  the  next  sittinge 
of  this  sessions,  for  their  further  determination  therein. 

The  Committee  by  this  Assembly  chosen,  are  the 
Deputy  Governor,  Mr.  Stephen  Arnold,  and  Mr.  William 
Woodell. 

Voted,  that  the  Clerke  of  this  Assembly  shall  in  the 
name  of  this  Assembly  with  all  convenient  speed,  write 
to  Capt'n  Arthur  Fenner,  of  Providence,  and  Mr.  Sam'll 
Stafford,  of  Warwicke,  chosen  Assistants  in  this  Collony 


AND  PROVIDENCE  PLANTATIONS. 


510 


nrr  and 


by  the  last  Election  to  require  them  to  come  and  give  1674. 
theire  engagments  to  the  places  they  are  elected  to,  or^-^^- 

1  •  Til'  «i-  T>*  Cierk« 

otherwise  send  their  positive  answer.  ordered  to 

*  write  to 

Voted,  that  this  Assembly  is  adjourned  untill  the  18th 
day  of  this  instant  month  of  May,  and  then  to  assemble  bmm. 
againe  at  the  house  of  Captain  Richard  Morriee's,  in 
Newport. 

May  the  \  §th. 

The  Assemblv  mett  and  called. 

Voted,  that  the  Clerke  of  this  Assembly  doe  signe  the 
answer  sent  to  Phillip,  Sachem  of  Mount  Hope,  concerne- 
inge  the  Indian  called  the  Old  Man. 

Voted,  that  the  answer  of  this  Assembly  to  the  Sachem 
Connonocus,  concerninge  the  Indian  called  the  Old  Man, 
shall  be  signed  by  the  Governor. 

Voted,  that  four  men  be  appointed  and  impowered  by 
this  Assembly  to  repaire  to  the  late  Governor,  Mr.  Nicho- 
las Easton,  and  of  him  demand  and  receive  the  Charter, 
and  all  other  writeings  in  his  custody  belonginge  to  the 
Collony  ;  and  in  the  name  and  authority  of  this  Assembly 
to  give  the  said  Mr.  Easton  a  full  discharge  for  what  they 
receive  ;  and  the  same  they  shall  truly  returne,  and 
bringe  into  this  Assembly  on  Wednesday  next,  which  will 
be  the  20th  day  of  this  instant  May^  The  persons  ap- 
pointed, are  Mr.  Henry  Bull,  Mr.  Joshua  Coggeshall, 
Lieut.  \Ym.  Cadman  and  John  Sanford. 

Voted,  whereas  Samuell  Stafford,  chosen  Assistant,  and 
positively  refuseinge  to  serve,  the  Assembly  doe  vote  to 
proceed  to  the  choyce  of  another  in  his  roome. 

Mr.  Benjamin*Barton,  chosen  Assistant,  and  engaged. 

Voted,  that  whereas  Connonocus,  chiefe  Sachem  of  the 
Narragansett,  [hath  petitioned]  that  when  the  Indian  called 
the  Old  Man,  alias  Poagonett,  is  hanged  and  dead,  he 
may  have  his  body,  which  by  this  Assembly  is  granted. 

Voted,  the  persons  appointed  to  goe  to  the  late  Gov- 
ernor, Mr.  Nicholas  Easton,  haveinge  accordinge  to  their 


520 


RECORDS  OF  THE  COLONY  OP  RHODE  ISLAND, 


1074.  commission  been  with  the  said  late  Governor,  and  received 
**-v-w  the  pertickulars  sent  for,  have  accordinge  to  their  trust  re- 
turned them  to  the  Assembly  ;  the  pertickulars  Avhcreof 
are  viz.  :  the  Charter  and  the  box  it  came  in  ;  a  letter 
from  his  Majesty,  dated  the  23d  of  Aprill,  1664  ;  the 
agreement  between  Mr.  John  Clarke  and  Mr.  John  Win- 
throp,  dated  the  7th  of  Aprill,  1663  ;  a  letter  from  the 
Lord  Chancellor  Clarendon,  dated  the  28th  of  Aprill, 
1664  ;  a  letter  from  his  Majesty,  dated  the  28th  of 
January,  1664  ;  a  coppy  of  reprisalls,  dated  the  27th  of 
February,  1664  ;  the  King's  Commissioners'  determina- 
tion between  the  Collony  of  Plymouth  and  this  Collony, 
dated  the  7th  and  11th  of  Aprill,  1664  ;  two  papers  con- 
cerninge  the  King's  Commissioners'  determination  of  the 
Narragansett  or  King's  Province,  bearinge  date  the  20th 
of  March,  1664  ;  and  the  8th  of  Aprill,  1665  ;  a  letter 
from  his  Majesty,  dated  the  10th  of  Aprill,  1666  ;  all 
which  said  pertickulars  are  in  the  Assembly  committed  to 
the  present  Governor's  keepinge. 

Voted,  forasmuch  as  God's  providence  hath  hitherto 
None  (bo-  brought  us,  and  here  preserved  us,  among  soe  many 

longing  to 

other  coiio-  barbarians,  unto  this  time  in  peace  :  the  continuance  of 

nys,  when  '  r  » 

ghetn  tcs-  t-ne  same  may  be  most  certainly  concerned  in  the  cleere 
our  Courts)  execution  of  justice  ;    and  the  cleere  execution  thereof 

shall  be  lia-  .......  ..  . 

a'VsVTie  cons'tS"noe  (Part'y  m  good  and  sure  witness,  noe  way  to 
here.  De  obstructed  ;  and  forasmuch,  as  the  authority  of  this 
jurisdiction  is  confined  and  bounded  beyond  which)  noe 
writt  nor  supenea  can  be  extended  nor  executed,  nor 
none  need  nor  will  obey  it  to  appeare  as  a  witness,  where 
and  when  any  debt  or  damage  may  impead  the  person 
concerned  in  such  said  supenea  for  witness,  and  thereupon 
murders,  rapes,  and  other  fellonys  may  be  committed,  and 
the  guilty  not  punished  (for  that  witnesses  of  such  fact)j 
dare  not  appeare  for  feare  of  arrests  for  debt  or  trespass. 

For  sure  suppression  (of  all  such  crimes)  and  the  pre- 
servation of  all  mens'  lives,  and  the  King's  subjects  and 
cleer  justice,  and  the  sure  execution  of  the  same  to  all 


AND  PROVIDENCE  PLANTATIONS. 


521 


men,  and  these  barbarians  among  whome  we  are  cast  (and  1674. 
they  alsoe  beinge  the  King's  subjects)  ;  and  forasmuch  as^-*^^- 
wee  see  (too  often)  as  now  is  great  crimes 'are  committed, 
and  the  offender  to  be  tryed,  and  for  feare  Indians  dare 
not  appeare  for  feare  of  arrests  (as  formerly  have  been 
arrested),  and  thereby  justice  greatly  impeaded.  There- 
fore, bee  it  enacted  by  his  Majesty's  authority  in  this  As- 
sembly hereby  enacted  and  hereby  it  is  enacted,  that 
when  any  person  (though  without  this  jurisdiction)  shall 
be  desired  that  cannot  be  required  (as  beinge  without  the 
reach  of  a  writt  from  hence),  that  shall  hither  come  to 
witness  against  any  murder  or  other  fellony,  that  such 
person  and  persons  that  shall  hither  come,  he  or  they 
may  here  stay,  and  have  time  to  returne,  without  any  ar- 
rest and  imprisonment  for  any  debt  whatsoever  ;  provided, 
his,  her  or  their  (soe  indebted  soe  returne)  be  within  two 
or  three  days  (after  such  said  Court  be  ended  or  deter- 
mined), to  and  at  which  he,  she  or  they  doe  appeare  to 
give  testimony  or  beare  witness  to  any  such  said  crime, 
any  former  law  or  lawes  (of  this  Collony,  or  clauses  or 
clause  therein,  to  the  contrary  notwithstandinge. 

Voted,  forasmuch  as  the  Collony's  debts  are  many,  and^erhorde 
long  have  been  due  to  several  creditors,  and  a  rate  hath  been  a  rate  may 

be  under- 

made  the  last  Court,  and  yett  under  severall  pretences  few  stood, 
or  none  paid  ;  therefore  this  Assembly  doth  enact  for  the 
accomplishment  of  the  same,  that  every  towne  nominate 
two  men  of  their  towne,  and  that  the  said  two  men  goe  to 
every  man  in  their  towne,  and  demand  of  them  what  their 
estates  amount  to,  and  take  the  account  of  the  same  ;  and 
to  doe  their  endeavor  to  make  them  understand  the  man- 
ner of  the  said  rate,  and  put  them  in  a  way  to  make 
payment  accordinge  to  the  said  rate  with  all  convenient 
speed,  that  full  payment  may  be  made,  by  the  beginninge 
of  September  next ;  and  whereas  some  may  not  under- 
stand how  to  vallue  their  estates,  this  may  some  thing 
informe  them,  English  money  is  to  be  the  estate  truly  (in 
vallue),  and  every  penny  of  English  money  to  be  the  value 

66 


522 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1074.  of  four  pence  here,  and  the  pound  here  to  be  valued 
as  the  pound  of  wooll  is,  twelve  pence  here  ;  or  as  a  pen- 
ny is  the  twelfth  part  of  a  pound  of  wooll. 

But  whereas,  some  men  have  not  paid  their  former 

The  Treasn- rates,  therefore  behinde,  it  is  therefore  desired  that  the 


ilepoidhrKtls .Treasurer  take  course,  by  demandinge  or  sendinge  the 
Sergeant  for  it,  or  assigne  some  of  the  Collony  creditors 
to  receive  the  Collony 's  debts  of  such  as  are  willing  to 


Voted,  that  the  Statute  Booke,  appointed  to  be  in  the 
Generall  Courts,  be  demanded  of  Peleg  Sanford ;  and  that 
he  is  to  deliver  the  Booke  to  whome  the  Governor  shall 
appoint  to  demand  it,  and  that  soe  he  may  have  a  receipt 
of  his  dcliveringc  it  under  the  Governor's  hande. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  2$th  of  October,  1674. 

Mr.  William  Coddington,  Governor. 
Mr.  John  Easton,  Deputy  Governor. 


pay. 


ASSISTANTS. 


Mr.  Henry  Bull 


Mr.  Walter  Clarke, 
Mr.  Daniel  Gould, 
Mr.  William  Harris, 


Capt.  Arthur  Fenner, 


Mr.  Thomas  Harris, 
Mr.  Joshua  Coggeshall, 
Mr.  John  Tripp, 
Mr.  Job  Almy, 
Mr.  Benjamin  Barton. 


DEPUTIES. 


Mr.  Edward  Thurston,  engaged. 
Mr.  Peter  Easton,  engaged. 
Lieut.  Joseph  Torrey. 
Mr.  Caleb  Carr. 


AND  PROVIDENCE  PLANTATIONS. 


523 


DEPUTIES.  1674. 

Mr.  James  Barker. 

Mr.  William  Weeden. 

Mr.  Samuell  Bennett. 

Mr.  Samnell  Winsor,  engaged. 

Mr.  William  Hopkins,  engaged. 

Mr.  Leonard  Smith,  engaged. 

Mr.  Jacob  Mott,  engaged. 

Mr.  Daniell  Lawton,  engaged. 

Mr.  Thomas  Fisher,  Sen'r,  engaged. 

Mr.  John  Anthony,  Jun'r,  engaged. 

Mr.  Benjamin  Smith. 

Mr.  John  Warner. 

Mr.  Samuell  Stafford,  engaged. 

Mr.  Francis  Gisborne. 

The  Governor  chosen  Moderator. 
John  Sanford,  chosen  Clerke. 

The  copy  of  the  Charter  according  to  former  order, 
openly  read. 

Voted,  by  the  King's  authority  in  this  Assembly,  it  isoemurrs. 
enacted,  that  any  that  are  arrested  and  thereupon  a 
declaration  is  in  the  office  forty  days  before  the  Court, 
then  they  shall  not  have  liberty  to  deniurr  in  that  case, 
without  the  Court  judge  there  is  reason  for  it,  any  law  to 
the  contrary  notwithstandinge. 

Forasmuch,  as  formerly  it  hath  been  enacted,  that  eachsxciseof 

'  liquors  to  be- 

towne  should  have  the  excise  that  by  the  said  act  is  ap-  £erferaiihe 
pointed.  But  forasmuch  as  the  whole  excise  seems  almost Treasury' 
all  lost  by  neglect,  is  not  taken  ;  therefore,  in  order  that 
the  Gen'll  Treasury  may  be  supplyed,  and  thereby  generall 
charge  defrayed,  bee  it  enacted  by  the  authority  of  this 
Assembly,  and  hereby  it  is  enacted,  that  all  excise  at  the 
same  vallue  formerly  to  be  levied  at  each  towne,  and  to 
the  said  townes  pertickularly,  should  be  had,  perceived 
and  belong  (for  the  future),  shall  wholly  be  belonginge 


524 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1674.  and  pertainingc  to  the  Gcnerall  Treasury,  and  for  the 
same  to  be  levied  and  taken  for  maintenance  of  the  gcn- 
erall charge.  And  for  the  effectual  performance  of  the 
same,  bee  it  alsoe  enacted,  that  the  said  excise  shall  be 
farmed  out  by  the  yeare  yearely,  to  such  person  or  per- 
sons at  such  price  or  prices  as  the  Governor,  Deputy 
Governor  and  Assistants,  or  the  greater  part  of  them, 
shall  lease  out  or  lett  to  farme  to  such  person  or  persons, 
which  said  person  or  persons,  shall  take  noe  greater  vallue 
than  by  law  sett  ;  and  that  the  said  farmer  or  farmers, 
shall  be  engaged  upon  the  pennalty  of  perjury,  to  per- 
forme  his  office  justly  and  accordinge  to  lawfull  price  ; 
and  that  the  said  engagement  shall  be  administered  by 
the  Governor,  Deputy  Governor,  or  two  Assistants.  And 
that  it  shall  be  lawfull  for  the  said  farmer  and  farmers  to 
make  under  him  and  them  Deputy  and  Deputyes,  who 
shall  be  alsoe  engaged  as,  and  by  as  aforesaid.  And 
that  each  farmer  and  farmers,  Deputy  and  Deputyes 
aforesaid,  shall  have  full  power  to  search  for  any  con- 
cealed wine  or  liquors  in  any  place,  or  house,  or  vessell  ; 
and  by  virtue  of  this  act  require  if  he  see  need,  any  Con- 
stable's ayd  soe  to  doe  ;  or  to  attach  any  wine  or  liquors 
soe  forfeited  by  the  former  recited  act,  as  to  forfeiture  of 
wines  or  liquors.  And  whereas,  in  a  former  act,  account 
of  what  wines  and  liquors  came  in  should  be  entered,  soe 
still  from  time  to  time,  as  the  said  act  expresseth  there 
the  whole  quantity  where  the  said  farmers  or  their  Depu- 
tyes shall,  as  they  see  cause,  informe  themselves.  Never- 
theless provided,  that  though  excise  be  levied  and  taken, 
consideringe  the  said  wines  and  liquors,  the  quantities  soe 
much  aboundinge  ;  and  the  said  excise  may  suppress  the 
excess  thereof  to  be  brought  or  drank ;  yett,  not  to  be 
imagined,  that  the  Assembly  intendeth  or  conceiveth  it 
to  be  precedentiall  for  excise  on  any  other  goods,  provi- 
sion, or  merchandise  whatsoever,  notwithstandinge  the 
foresaid  act  ;  and  the  foresaid  act  to  stand  in  full  force, 


AND  PROVIDENCE  PLANTATION'S. 


626 


notwithstandinge  any  other  act  of  this  Collony  to  the  con-  1674. 
trary  notwithstandinge. 

Voted,  upon  the  petition  of  Peter  Lee,  it  is  assented,  PeterLe«- 
that  the  foresaid  Lee  have  his  liberty  ;  provided  he  give 
fifty  pound  bond,  to  be  of  good  behaviour  ;  and  not  to 
company  with  the  wife  of  James  Thomas  ;  which  if  found 
guilty  of  breach  of  bond,  shall  be  committed  to  prison, 
and  his  estate  to  be  seized  at  the  Governor's  pleasure,  to 
whome  the  bond  shall  be  given. 

Voted,  Jeremiah  Browne  petitioning  to  be  released  of£ercmiah 

*  r  ~  Brown's  fine 

the  fine  imposed,  for  not  serveinge  on  a  jury,  the  Court remitted- 

see  cause  to  remitt  the  said  fine. 

Voted,  that  the  law  made  Mav  23d,  1650,  concerninge  The,aw 

j       *        7  o  conce me- 

Magistrates'  takeinge  testimonys  with  their  owne  hande-  IS&J^uS 

writinge,  if  not  soe  done  not  authentick,  this  Assembly,  monrs  re- 
upon  searious  consideration,  see  good  cause  to  repeale  the1** 
said  law,  and  hereby  the  said  law  is  repealed. 

Voted,  by  the  King's  authority  in  this  Assembly,  it  is  Kingstown, 
approved  the  Generall  Councill's  acts  in  obstructinge  Con- 
necticutt  Collony  from  useinge  jurisdiction  in  the  Xarra- 
gansett  country,  and  the  Councill's  establishing  a  towne 
shipp  there,  and  the  callinge  it  Kingstown,  with  liberty 
as  hath  been  granted  to  Xew  Shoreham  ;  and  that  the 
charges  of  our  Councill  repaireinge  thither  not  exceed^ 
inge  fifty  shillings,  for  every  time,  shall  be  paid  out  of  the 
Generall  Treasury  ;  and  that  futurely,  it  shall  be  lawfull 
to  summons  as  many  of  our  inhabitants  as  they  see  cause 
to  attend  at  Xarragansett  to  oppose  Connecticut  from  use- 
inge jurisdiction  there  ;  but  not  in  any  hostile  manner,  or 
to  kill,  or  hurt  any  person.  And  further  bee  it  enacted, 
that  the  Governor,  or  Deputy  Governor,  and  the  major 
part  of  the  Magistrates  on  Ehode  Island,  as  they  see 
cause,  may  send  letters  or  messengers  to  the  Xew  York 
Governor,  concerninge  such  business  ;  and  the  charge  not 
exceedinge  tenn  pound,  to  be  paid  out  of  the  Generall 
Treasury. 

Voted,  whereas  by  law  of  this  Collony  (in  the  letters 


s 


52G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1675.  thereof  in  the  said  law),  bearing©  date  in  the  ycare  1647, 
^^v-»*  said  saith,  the  probate  of  wills,  was  to  be  before  the 
conncuiito  head  officer,  which  said  name  (in  the  said  law),  by  the 

have  the  '  v  J'  J 

wrii,isIul0U0f  present  constitutions  is  extinct,  and  by  reason  of  differ- 
ence of  opinion  probation  of  wills  is  deferred  ;  and  for 
that  the  thinge  is  as  weighty  as  to  make  a  will  for  the 
dead,  dyinge  without  a  will,  and  the  said  supposed  head 
officer  may  be  in  his  owne  case  ;  therefore  be  it  enacted, 
that  the  power  of  probation  of  wills  shall  be  in  the  Towne 
Councills  or  major  part  of  each,  to  which  it  doth  belong. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have  for 
his  attendance  at  this  Assembly  the  sum  of  twenty  shillings 
from  the  Generall  Treasury  ;  and  tenn  shillings  from  each 
towne,  for  coppys  of  the  Assembly's  acts  under  the  scale 
of  the  Collony. 

Voted,  this  Assembly  is  dissolved. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  4th  of  May,  1675. 

Mr.  William  Coddington,  Governor. 
Mr.  John  Easton,  Deputy  Governor. 

ASSISTANTS. 

Mr.  Henry  Bull,  Mr.  Thomas  Harris, 

Mr.  Walter  Clarke,  Mr.  Joshua  Coggeshall, 

Mr.  Daniell  Gould,  Mr.  John  Tripp, 

Mr.  William  Harris,  Mr.  Job  Almy, 

Oapt.  Arthur  Fenner,  Mr.  Benjamin  Barton. 


* 


AND  PROVIDENCE  PLANTATIONS. 


527 


DEPUTIES.  1G75. 

For  Newport,  Mr.  John  Coggeshall,  Sen'r,  engaged. 

'<  Mr.  William  Case. 

"  Mr.  Peter  Easton,  engaged. 

"  Mr.  John  Wood,  engaged. 

"  Mr.  Thomas  Clifton,  engaged. 

•*  Mr.  John  Read,  engaged. 

For  Providence,  Mr.  Tolleration  Harris,  engaged. 

"  Mr.  Edward  Smith,  engaged. 

"  Mr.  William  Astin,  engaged. 

"  Mr.  Vail.  Whitman,  engaged. 

For  Portsmouth,  Capt.  John  Albro,  engaged. 

"  Mr.  George  Lawton,  engaged. 

"  Mr.  Gideon  Freeborne,  engaged. 

"  Mr.  William  Wodell,  engaged. 

For  Warwicke,  Capt.  Randall  Holdon. 

"  Capt.  John  Greene. 

"  Mr.  John  Weecks, 

"  Mr.  James  Greene, 


Mr.  William  Coddington,  Governor,  chosen  Moderator. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

Voted,  Elisha  Smith,  James  Barker,  Jun'r,  Walter 
Newbery,  William  Coddington,  Jun'r,  Adam  Wooley, 
Joseph  Bryer,  Nathaniell  Coddington,  James  Weeden, 
Jun'r,  Robert  Malins,  William  James,  William  Edwards, 
John  Johnson,  Thomas  Peckham,  Richard  Hailes,  Clem- 
ent Weaver,  the  third,  John  Weaver,  George  Browne, 
James  Carde,  John  Woodman,  beinge  freemen  of  the 
towne  of  Newport,  are  all  admitted  freemen  of  this  Collony. 

Voted,  John  Pearce  Mason,  William  Manchester,  John 
Wilbore,  Joseph  Tripp,  beinge  freemen  of  the  towne  of 
Port?mouth,  are  admitted  freemen  of  this  Collony. 

Voted,  William  Greene,  John  Weecks,  Jun'r,  John 
Rice,  John  Low,  Thomas  Stafford,  Jun'r,  Jeremiah 
Smith,  beinge  freemen  of  the  towne  of  Warwicke,  are 
admitted  freemen  of  this  Collony. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G75.      Voted,  this  Assembly  is  dissolved. 

At  the  Generall  Assembly  and  Election,  held  for  the  Colhny 
at  Newport,  the  5//i  of  May,  1G75. 

The  aforesaid  Governor,  Deputy  Governor,  Assistants, 
and  Deputyes,  members  of  the  Assembly. 

The  Governor  chosen  Moderator. 

John  Sanford,  Recorder,  chosen  Clerke. 

Voted,  that  this  Election  proceed  forthwith. 

By  the  Election  was  chosen  : 

Mr.  "William  Coddington,  Governor,  engaged. 

Mr.  John  Easton,  Deputy  Governor,  engaged. 

Mr.  Walter  Clarke,  Assistant,  engaged. 

Mr.  Henry  Bull,  Assistant,  engaged. 

Mr.  Edward  Thurston,  Assistant,  engaged. 

Capt.  Arthur  Fenner,  Assistant. 

Mr.  Thomas  Harris,  Assistant,  engaged. 

Mr.  Thomas  Borden,  Assistant,  engaged. 

Mr.  Joshua  Coggeshall,  Assistant,  engaged. 
•  Mr.  John  Tripp,  Assistant,  engaged. 

Mr.  Job  Almy,  Assistant,  who  refuseinge,  Mr.  Benja- 
min Smith,  chosen  Assistant,  engaged. 

Mr.  Benjamin  Barton,  Assistant. 

John  Sanford,  Recorder,  engaged. 

James  Rogers,  Generall  Sergeant,  engaged. 

Mr.  Peter  Easton,  Generall  Treasurer,  engaged. 

Voted,  that  whereas  Mr.  Job  Almy  hath  positively  re- 
fused to  engage  in  the  office  he  was  elected  unto,  this 
Assembly  doe  proceed  to  the  election  of  another  in  his 
stead. 

Mr.  Benjamin  Smith,  chosen  Assistant,  engaged. 

Voted,  the  Clerke  of  this  Assembly  is  ordered  and  im- 
powered  to  write  to  Capt'n  Arthur  Fenner,  Mr.  Thomas 
Borden,  Mr.  Benjamin  Smith,  and  Mr.  Benjamin  Barton 
to  come  to  this  Assembly  and  give  their  engagements  to 
the  offices  they  are  elected  unto. 


AND  PROVIDENCE  PLANTATIONS. 


529 


Voted,  bee  it  enacted  by  this  present  Assembly,  and  1675. 
hereby  it  is  enacted,  that  Weston  Clarke  is  authorised  to 

A  brass 

keep  a  common  standard  gallon  of  brass,  exactly  accord-  ffa"°dnard 
inge  to  Winchester  come  measure,  to  be  procured  from  E£be2£*" 
Boston,  at  the  charge  of  the  Generall  Treasury  :  andwelfon 

°  C!arke  to 

weights  accordinge  to  the  standard  of  England,  to  be  keptkeePthem 
by  the  foresaid  Weston,  and  a  true  beame  and  scales,  two 
halfe  hundreds  and  a  quarter  and  a  halfe  quarter,  and  a 
seven  pound  ;  all  to  be  procured  by  the  charge  of  the 
Generall  Treasury.  Further  be  it  enacted,  that  every 
towne  in  this  Collony  shall  appoint  a  man  in  each  towne 
to  see  one  corne  measure  and  such  weights  mentioned  as 
abovesaid,  sealed  accordinge  to  the  said  standard,  which 
Weston  Clarke  is  authorised  to  keep  ;  and  all  measures 
and  weights,  as  aforesaid,  in  each  towne  are  to  be  sealed 
by  such  man  as  is  chosen  in  each  towne,  and  that  such 
man,  so  appointed  in  each  towne  shall  from  the  generall 
standard,  receive  the  true  measure  and  weights,  and  ac- 
cordingly to  seale,  which  shall  be  authentick  ;  and  the 
said  Weston  is  hereby  empowered  to  measure  and  seale  all 
such  measures  and  weights  as  shall  be  tryed  and  brought 
with  the  marke  ngi  an  anchor  ;  for  which  seale  the 
said  Weston  shall  have  six  pence  for  every  measure 
and  weight  soe  marked,  above  a  quarter  of  a  hundred, 
which  six  pence  shall  be  paid  by  the  owner  of  the  weights 
soe  marked ;  and  all  such  measures  and  weights  soe 
marked,  are  by  the  authority  of  this  present  Assembly  al- 
lowed to  be  currant  weights  and  measures. 

Voted,  that  if  any  officer  or  officers  of  this  Collonv  be  officer  or 

*  •  '  officers  ab 

sick  or  lame,  or  any  otherwayes  disabled,  soe  that  he  or  c0nurtnto  ap 
they  doe  not  attend  the  Courts,  accordinge  to  his  or  their pomt0  " 
engagements, «by  which  there  are  defects  which  neither 
the  Charter  nor  any  law  have  provided  for  in  such  cases  ; 
or  haveinge  records  or  writeings  in  his  or  their  custody, 
that  concerne  either  the  Generall  Assembly  or  Court  of 
Tryalls,  this  Assembly  doe  give  full  power  to  either 
Court  to  appoint  another  or  others  to  officiate  in  his  or 
vol.  EL  67 


530  RECOItrS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1675.  their  offices  soe  disabled,  and  to  take  into  their  custody 
s-^~v-"*>"  any  records  or  writeings  that  concerne  either  Court  ;  and 
this  to  stand  in  full  force,  to  be  acted  on  when  need  shall 
require,  though  not  published  under  the  seale  of  the  Col- 
lony  untill  the  foresaid  officer  or  officers  attend  his  or  their 
offices,  accordinge  to  his  or  their  engagements. 

Voted,  concerninge  Stephen  Arnold's  petition  that  that 
Arno'd's     land  he  hath  by  Pawtuxet  river  on  the  south  side,  con- 

cut  on.  #  # 

taininge  not  above  two  hundred  acres ;  if  there  be  any 
forfeiture  to  the  Collony  for  his  proceedinge  not  accord- 
inge to  law  in  his  injoyinge  it,  for  which  there  is  a 
forfeiture  to  the  Collony,  that  that  forfeiture  may  be  re- 
mitted, wee  grant  that  his  forfeiture  is  forgiven  him  ;  but 
that  not  any  such  grant  shall  be  any  excuse  for  any  not  to 
suffer  his  forfeitures  when  at  any  time  he  practiseth  or 
professeth  that  that  grant  is  to  land  not  in  the  jurisdiction 
of  this  Collony. 

Voted,  concerninge  the  widow  Walwin's  petition  to 
have  her  husband's  will  proved,  the  Towne  Councill  of 
Providence  are  authorized  to  proceed  accordinge  to  law  to 
approve  it  ;  although  it  should  according  to  law  have 
been  determined  before. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have 
twenty  shillings  paid  him  by  the  Generall  Treasury  for 
his  attendance  at  these  Assemblys,  and  tenn  shillings 
from  each  towne  for  coppys  of  these  Assemblys'  acts, 
with  the  seale  of  the  Collony  annexed. 

Voted,  this  Assembly  is  dissolved. 


AND  PROVIDENCE  PLANTATIONS. 


531 


1675. 


Proceedings  of  the  Generall  Assembly  held  for  the  Cottony 
of  Rhode  Island  and  Providence  Plantations  at  Xewport, 
the  27th  of  October,  1675. 

The  Governor  chosen  Moderator. 
John  Sanford,  chosen  Clerke  of  the  Assembly. 
A  coppy  of  the  Charter  accordinge  to  former  order 
openly  read. 

Voted,  there  beinsre  a  CTeat  dubiositv  in  a  case  con- John/!^" 

*  o  c  j  man  tinea 

cerninge  John  Freeman,  and  Hannah,  the  daughter  of nah*Ed»an~ 
Edward  Larkin,  the  Generall  Assembly  conclude,  that  danger,  * 
Freeman  shall  pay  to  the  Treasurer  the  sum  of  five 
pounds,  and  the  said  Hannah  forty  shillings,  and  she  to 
keep  the  childe  ;  and  may  have  proclamation  made,  and 
may  be  both  cleered,  if  no  other  accusations  come  against 
them,  and  payinge  their  fees. 

Voted,  James  Thomas  and  Nicholas  Cottrill,  haveinge  j*** 

Thomas  and 

forfeited  their  bond,  upon  their  petition  to  this  Assembly  Cot- 
to  be  released,  this  Assembly  determineth  that  they  pay 
tenn  shillings  a  piece  to  the  Treasury  (and  if  they  bringe 
in  the  Court  of  Tryalls,  the  Monday  next  after  the  first 
Wednesday  in  May,  1676,  at  Newport),  the  wife  of 
James  Thomas,  and  for  her  to  abide  the  sentence  of  that 
Court  against  her,  then  the  forfeiture  of  their  bonds  shall 
be  released  ;  and  therefore  not  to  be  taken  untill  that 
time. 

Voted,  whereas  a  petition  was  presented  to  this  Assem-  Ca»v  Cnp- 

7  r  r  gton's  peti- 

bly  by  Capt'n  John  Cranston,  &c,  concerninge  severall  f0°5ieefemd 
pertickulars  for  the  settlinge  of  the  millitia  in  these  dain-  Council  le  of 

•  '        'ii      itt  t  •  r*  *t         each  towne . 

gerous  hurries  with  the  Indians,  and  puttinge  the  Collony 
in  a  suitable  posture  of  defence,  soe  near  as  may  be  to  the 
safety  and  satisfaction  of  all,  this  Assembly  doe  referr  the 
consideration  and  conclusion  of  the  matter   unto  the 


532 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


167G.  Councill  of  Warr  in  each  towne  to  order  ;  and  what  each 
^~-v~*>~  Councill  shall  soe  order,  shall  stand  and  be  authentick. 
And  the  Councills  on  this  Island  in  each  towne,  shall 
meet  on  Wednesday  next,  which  will  be  the  third  day  of 
November  next,  and  the  other  townes  in  this  Collony  may 
take  their  most  convenient  time  to  effect  the  premises. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have  tenn 
shillings  from  the  Generall  Treasurer  for  his  attendance  at 
this  Assembly,  and  six  shillings  from  each  towne,  for 
coppys  of  this  Assembly's  acts,  with  the  seale  of  the 
Collony  affixed. 

Voted,  this  Assembly  is  dissolved. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  ISth  of  March,  1675-6. 

The  Governor  chosen  Moderator  of  this  Assembly. 

The  Recorder  chosen  Clerke  of  this  Assembly. 

Voted,  that  although  for  those  Deputies  from  Provi- 
dence, namely,  Mr.  John  Whipple,  Mr.  Edward  Enman, 
and  Mr.  Richard  Arnold,  there  is  not  a  returne  from  the 
towne  of  their  election  ;  yett  they  presentinge  themselves 
proTiaence  in  this  Assembly,  sayinge  they  were  chosen  and  warned  to 
excepted,  attend  the  Assembly  as  Deputies,  this  Assembly  doe 
order,  that  notwithstandinge  there  hath  not  been  the  for- 
mality of  proceedings  by  the  said  towne,  the  said  persons 
are  owned  and  accepted  to  be  and  stand  Deputies  for  the 
said  towne. 

Voted,  Mr.  Walter  Clarke,  Capt.  John  Cranston,  Mr. 
Joshua  Coggeshall,  Mr.  John  Coggeshall,  Mr.  Caleb  Carr, 
and  John  Sanford,  are  chosen  a  Committee  to  draw  up 
a  committee  and  prepare  matters  for  this  Assembly,  and  make  their 
ma"er?for  speedy  returne  of  what  they  agree  thereon  for  the  Court's 
the  court.  conftrraatjon  relating  to  the  matters  of  Providence  and 


AND  PROVIDENCE  PLANTATIONS. 


533 


Warwick  ;  and  also  to  draw  up  a  letter  to  Plymouth  gov-  167G. 
ernment.  «*"" 

Letters  to  Providence  and  Warwick. 

To  the  free  inhabitants  cf  Providence  and  Warwick, 
there  reniaininge,  greetinge  :  Whereas,  the  present  troub- 
les with  the  natives  is  and  hath  been  great,  very  hazard- 
ous, and  prejudiciall  to  the  inhabitants  of  this  Collony,  the 
sense  of  which  upon  the  hearts  of  the  Governor  and  Coun- 
cill,  hath  occasioned  the  calling  of  this  present  Assembly, 
whoe  hath  a  true  commisseration  of  your  callamities,  and 
really  sympathize  in  your  exercises,  and  owne  ourselves 
soe  neerly  related  to  you,  and  in  duty  bound  for  the  good 
of  his  Majesty's  interest,  that  it  is  our  study  how  to  doe 
or  act  for  your  safety  in  all  respects  ;  wee  received  a  pa- 
per from  you  of  Warwick,  as  wee  suppose,  but  noe  hand 
subscribed,  the  contents  of  which  wee  take  to  be  the  sub- 
stance of  your  mindes,  and  favourably  construct  the  omis- 
sion by  reason  of  your  hurries  and  exercises  as  aforesaid  ; 
and  since  this  meetinge  convened  the  loth  instant,  was 
and  is  on  purpose  to  advise  for  the  goode  and  weale  of 
this  Collony,  as  is  abovesaid,  after  our  searious  debate  and 
well  weighinge  your  hazardous  and  present  condition,  wee 
declare  that  wee  finde  this  Collony  is  not  of  ability  to 
maintaine  sufficient  garrisons  for  the  security  of  our  out 
Plantations.  Therefore,  we  thinke  and  judge  it  most 
safe  for  the  inhabitants  to  repaire  to  this  Island,  which  is 
the  most  secureist.  Newport  and  Portsmouth  inhabitants 
have  taken  such  care  that  those  cf  the  Collony  that 
come,  and  cannot  procure  land  to  plant  for  themselves 
and  families,  releife  may  be  supplyed  with  land  by  the 
townes  ;  and  each  family  soe  wantinge  a  libertye,  shall 
have  a  cow  kept  upon  the  commons  ;  butt  if  any  of  you 
think  yourselves  of  abillity  to  keepe  your  interest  of 
houses  and  cattell,  and  will  adventure  your  lives  wee 
shall  not  positively  oppose  you  therein  ;  but  this  the 
Assembly  declares  as  their  sense  and  reall  beleife  con- 


534 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G7G.  ccrn  nge  the  premises,  that  those  that  soe  doth  make 
v-"-"~v-^-'  themselves  a  prey,  and  what  they  have  as  goods,  pro- 
visions, ammunition,  cattell,  &e.,  will  be  a  releife  to  the 
enemy  at  their  pleasure,  except  more  than  ordinary  provi- 
dence prevent,  therefore  cannot  but  judge  them  wisest 
that  take  the  safest  course  to  secure  themselves,  and  take 
the  occasion  from  the  enemy. 

Ordered  to  be  signed  by  the  Clerke  of  this  Assembly. 

Voted,  whereas  severall  orders  have  been  made  (by  the 
cerninge  the  Councill  of  Warr  upon  the  Island)  that  the  Indians  in  the 
custody  of  severall  inhabitants  in  Rhode  Island,  should  be 
soe  secured  as  that  they  may  be  hindered  from  doeinge 
damage  to  the  inhabitants,  in  this  juncture  of  time,  and 
notwithstandinge  their  great  care  severall  are  still  discon- 
tented, by  reason  that  severall  that  have  Indians  in  their 
custody,  have  not  been  soe  carefull  as  they  might  have 
been  to  secure  them  as  hath  been  ordered  from  time  to 
time.  Therefore,  this  Assembly  doe  order,  that  whatso- 
ever person  in  Rhode  Island,  or  elsewhere  in  this  Collony 
that  hath  either  Indian  or  Indians  in  his  custody,  from 
twelve  yeares  old  and  upward,  shall  be  bound  in  the  day 
time  (if  he  goeth  abroad  from  his  house),  to  have  a  sufficient 
keeper  in  company  with  him,  and  to  be  locked  up  in  the 
night  in  a  sufficient  place  of  security  ;  and  that  if  any 
such  Indian  be  found  without  such  keeper  in  the  day  or 
lockt  up  in  the  night  as  abovesaid,  all  such  master  soe  of- 
fendinge,  shall  forfeitt  five  pound  ;  twenty  five  shillings 
shall  be  to  him  that  can  take  an  Indian  soe  offendinge, 
and  bringe  him  before  the  Governor  or  any  Magistrate  ; 
or  by  two  sufficient  witnesses  to  testify  against  the  of- 
fender, and  the  remainder  to  the  Generall  Treasury  ;  and 
that  this  order  may  be  thoroughly  and  effectually  per- 
formed, wee  have  appointed  for  Newport,  Mr.  John  Eas- 
ton,  Deputy  Governor,  Mr.  Walter  Clarke,  Assistant,  Mr. 
James  Barker,  Mr.  Carr,  and  Mr.  Thomas  Dungin  ;  for 
Portsmouth,  Mr.  Joshua  Coggeshall,  Capt'n  John  Albro,- 


AND  PROVIDENCE  PLANTATIONS. 


535 


Mr.  Robert  Hazard,  and  Robert  Dennis;  Providence  and  1676. 
Warwick,  to  appoint  their  owne  men,  and  therefore  the  v^>-v-w 
major  part  in  each  towne  have  full  power  given  them  to 
judge  whether  the  person  or  persons  which  are  as  keepers 
as  abovesaid,  be  sufficient  or  capable  to  answer  the  order 
abovesaid,  or  whether  the  roome  or  place  be  sufficient  to 
keep  them  in  the  night  season,  and  all  other  things  and 
defects  which  may  reach  to  the  breakinge  of  this  order. 
And  it  is  further  ordered,  that  upon  the  agreement  of  the 
persons  abovesaid  (or  the  major  part  of  them),  the  Gov- 
ernor or  any  Magistrates  shall  grant  forth  warrant  to  the 
Generall  Sergeant  to  distraine  the  sum  or  sums  of  each 
person  or  persons  soe  defective  (if  they  refuse  to  pay)  ;  and 
that  the  Sergeant  shall  have  soe  much  in  the  pound  for  his 
paines,  as  the  generall  law  provides  for  distraints  ;  and 
this  to  stand  in  force  notwithstandinge  any  former  order 
in  any  of  the  townes  of  this  Collony. 

Voted,  that  this  aforesaid  order  be  published  in  the 
towne  of  .Newport,  the  16th  of  this  month,  and  in  the 
towne  of  Portsmouth  on  the  18th  instant,  by  beate  of 
drum. 

Voted,  as  an  addition  to  the  former  order,  it  is  ordered,  Indians  not 

to  be  slaves 

that  any  that  hath  a  man  Indian  or  Indians  capable,  shall 
pay  for  a  watcher  and  warder,  as  much  as  if  the  Indian 
were  an  Englishman ;  and  that  noe  Indian  in  this  Collony 
be  a  slave,  but  only  to  pay  their  debts  or  for  their  bring- 
inge  up,  or  custody  they  have  received,  or  to  performe 
covenant  as  if  they  had  been  countrymen  not  in  warr. 

Voted,  that  this  Assembly  is  adjourned  untill  the  first 
Tuesday  in  Aprill  next. 

Apr  ill  the  4th. 
Accordinge  to  the  former  adjournment  the  Assembly 
mett. 

Voted,  that  commissioners  are  empowered  to  procure  and  c°mmis- 

■  r  r  sioners  to 

order  the  managinge  of  boates  to  be  employed  in  the  wa-  "oatsf0 
ters  in  this  Bay,  for  the  Collony's  defence  for  the  present, 


530 


RECORDS  OK  THE  COLONY  OF  RHODE  ISLAND, 


1076.  and  till  further  order  by  the  Assembly  or  Councill  bo  taken, 
^""^'and  to  be  four  boates  with  five  or  six  men  in  a  boate,  well 
furnished,  as  those  appointed  see  cause.  And  if  they  ap- 
pointed, see  cause,  one-third  part  of  the  men  that  are  to 
mannage  the  boates  to  belong  to  Portsmouth,  and  as  they 
see  cause  of  more  or  less  danger,  soe  to  order  more  or  fewer 
boates  and  men.  The  persons  chosen  and  authorized  to 
take  care  of  the  well-orderinge  the  boates  and  their  faith- 
full  employ  in  the  trust  to  them  committed  (they  or  the 
major  part  of  them),  are  the  Deputy  Governor,  Mr. 
Walter  Clarke,  Capt.  John  Cranston,  Mr.  John  Cogges- 
hall,  and  Mr.  Caleb  Carr,  for  Newport  ;  Capt.  John 
Albro,  Mr.  Robert  Hodgson,  and  Mr.  Robert  Hazard,  for 
Portsmouth. 

Voted,  that  whosoever  in  this  Island  hath  a  negro  man 
capable  to  watch  the  said  negro,  shall  be  lyable  to  that 
service,  and  capable  negros  to  be  as  lyable  to  that  service 
as  Englishmen. 

Voted,  that  persons  be  empowered  in  the  towne  of 
pointed  tT  Newport  and  Portsmouth,  to  take  an  exact  account  of  all 
count  of  all  the  inhabitants  in  this  Island,  English,  negros  and  In- 

the  inhabit-  n     %  •   1    »  ■ 

antaupon  dians,  and  make  a  true  list  thereof,  the  proper  inhabitants 

the  Island.  '  »  Jr  r 

in  one  list ;  the  English  now  come  amongst  us  in  another 
list,  the  negros  in  another  list,  and  the  Indians  in  another 
list  ;  and  alsoe  to  take  account  how  all  persons  are  pro- 
vided with  cornc,  guns,  powder,  shot  and  lead,  and  make 
returne  thereof  to  the  next  sittinge  of  this  Assembly. 
The  persons  chosen  and  empowered,  are  for  Newport,  Mr. 
John  Coggeshall,  and  Mr.  Jireh  Bull  ;  for  Portsmouth, 
Mr.  Robert  Hazard,  and  John  Sanford. 

Voted,  that  one  barrell  of  powder  is  ordered  to  be  for 
Ammunition  the  supply  of  Portsmouth,  and  to  be  in  the  care  and  dis- 

for  supply  Ail/ 

poseinge  of  Capt.  John  Albro,  Mr.  Robert  Hazard,  Lieut. 
William  Correy,  and  John  Sanford  ;  and  ordered,  that  the 
two  great  guns  that  now  are  in  the  yard  of  the  late  de- 
ceased Mr.  Wm.  Brenton,  shall  be  pressed  for  the  coun- 
try's service,  and  carried  to  Portsmouth,  and  placed  the 


of  Ports 
mouth. 


AND  PROVIDENCE  PLANTATIONS.  537 

one  in  the  ferry  neck,  the  other  at  or  near  the  house  of  1676. 
John  Borden,  ;  and  the  four  persons  aforesaid,  are  em-  v-»-v-^ 
powered  on  the  country  charge  to  cause  the  said  guns  to 
be  set  on  carriages  and  fitted  for  service,  and  appoint  who 
shall  have  the  care  and  orderinge  each  gun. 

Voted,  that  in  these  troublesome  times  and  straites  in  Men  desired 

to  come  and 

this  Collony,  this  Assembly  desireinge  to  have  the  advice  ^^ou^h 
and  concurrance  of  the  most  juditious  inhabitants,  if  it 
may  be  had  for  the  good  of  the  whole,  doe  desire  at  their 
next  sittinge  the  Company  and  Councill  of  Mr.  Benedict 
Arnold,  Mr.  John  Clarke,  Mr.  James  Barker,  Mr.  Oba- 
diah  Holmes,  Mr.  William  Vaughan,  Mr.  William  His- 
cocks,  Mr.  Christopher  Holder,  Mr.  Phillip  Shearman, 
Capt'n  John  Albro,  Mr.  William  Wodell,  Mr.  George 
Lawton,  Mr.  Robert  Hodgson,  Mr.  William  Carpenter, 
Mr.  Gregory  Dexter,  Capt.  Randall  Houldon  and  Capt. 
John  Greene  ;  and  the  Generall  Sargeant  to  informe  the 
severall  persons  the  Assembly's  desire  herein. 

Voted,  this  Assembly  is  adjourned  till  Tuesday  next,  the 
11th  instant,  then  to  assemble  againe  at  Henry  Palmer's 
house,  in  Newport. 

Aprill  llth,  1676. 

Voted,  that  whereas  there  hath  been  and  is  great  oc- a  Major  , 
casion  by  these  late  wars  with  the  Indians,  whereby  upon 
appeares  absolute  necessity  for  the  defence  and  safety  of 
this  Collony  and  the  King's  interest  herein,  that  suitable 
care  be  taken  for  the  mannagement  of  the  millitia  and 
millitary  forces  in  this  Collony. 

Therefore,  for  the  orderly  mannaginge  of  the  millitia, 
this  Assembly  doe  agree  to  choose  a  Major  to  be  chiefe 
Captaine  of  all  the  Collony  forces,  Captaines,  inferior  offi- 
cers, and  companys  of  any  pertickular  place  or  places  in 
this  Collony,  soe  to  be  commanded  in  what  there  is  cause 
of  generall  command,  and  to  have  his  commission  from  the 
Generall  Assembly. 

vol.  ii.  68 


538 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1  Of  6.  And  voted,  that  a  Major  by  this  Assembly  be  forthwith 
s-*^v^*-y  chosen  and  empowered. 

Capt.  John  Cranston  is  chosen  Major. 

The  Major's  Commission. 

To  John  Cranston,  by  this  present  Assembly  appoint- 
ed and  chosen  M;ijor  of  this  his  Majesty's  Col- 
lony  of  Rhode  Island  and  Providence  Plantations,  for 
the  well  ordcringe  and  mannageinge  the  millitary 
officers  in  this  Collony,  and  for  the  defence  of  the 
King's  subjects  herein. 
You  are  therefore,  in  Ijis  Majesty's  name  hereby  fully 
and  absolutely  empowered  and  required,  as  Major  of  all 
and  singular  the  land  forces  to  this  Collony  belonginge,  to 
undertake  the  conduct,  leadinge  and  traineinge  up  of  the 
said  forces,  and  for  the  preservation  of  the  King's  sub- 
jects in  this  Collony,  to  take  care  that  the  said  millitary 
be  put  in  a  suitable  and  absolute  way  of  defence.  You 
are  alsoe  by  virtue  hereof,  to  have  the  absolute  command 
of  all  the  Captaines  and  inferior  officers  with  their  re? 
spective  companys  within  this  Collony,  to  martiall  array 
.  at  your  command,  and  to  repaire  to  such  place  or  places 
as  may  be  most  for  the  King's  interest,  and  the  safety  of 
the  inhabitants  here  ;  and  alsoe  by  your  warrants  to  the 
severall  townes,  to  require  if  you  see  cause,  more  Cap? 
taines  to  be  chosen  on  this  Island,  and  order  their  severall 
numbers  in  each  towne,  and  to  take  care  that  watchmen 
and  warders  be  continued,  and  in  all  cases  necessary  for 
the  defence  of  this  Collony,  and  his  Majesty's  subjects 
herein,  to  command  the  infearior  officers  with  their  com- 
panys ;  and  upon  assault  of  an  enemy  with  them  or  either 
of  them  to  use  your  utmost  endeavor  to  kill,  expulse,  ex- 
pell,  take  and  destroy  all  and  every  the  enemies  of  this 
his  Majesty's  Collony,  that  shall  in  hostile  manner  be 
found  actinge  against  the  publick  peace  of  this  Collony, 
and  the  inhabitants  herein.    And  in  all  things  necessary 


aKd  providence  plantations. 


539 


for  the  peace  and  safety  of  the  Collony  to  doe  and  act  1676. 
with  full  power  and  authority  in  the  place  and  office  of  a  ^^«» 
Major,  accordinge  to  the  law  martiall,  for  the  execution 
whereof,  this  commission  or  the  duplicate  of  it,  shall  be 
your  sufficient  warrant  and  discharge,  soe  that  your  act- 
ings herein  be  not  repugnant  to  the  Assembly  as  Governor 
and  Councills'  orders  and  the  advice  of  the  respective 
Councills  in  each  towne,  to  be  taken  as  to  watchinge, 
wardinge,  and  election  of  millitary  officers. 

In  witness  whereof,  wee,  the  said  Assembly,  have  au- 
thorized the  Governor  to  signe  hereunto,  with  the  seale  of 
the  Collony  affixed  by  the  Recorder. 

WILLIAM  CODDLNGTON,  Gov'r. 
By  order  of  the  Generall  Assembly,  aforesaid, 
sittinge  at  Newport,  the  loth  of  March, 
1675,  and  by  adjournment  sittinge  the  11th 
of  Aprill,  1676.  The  seale  of  the  said  Col- 
lony affixed,  as  attests. 

JOHN  SANFORD,  Recorder. 


Voted,  whereas  in  these  extreme  troubles  and  wars  sonidie™  t<* 

*  e'ect  a 

with  the  Indians,  for  the  well  orderinge  and  mannageinge  Major- 
the  millitary  affaires  in  this  Collony,  this  Assembly  have 
chosen  and  empowered  a  Major,  whose  power  is  to  con- 
tinue till  further  order  of  the  Assembly,  and  that  for  the 
future  if  the  Assembly  see  cause,  this  shall  noe  waves 
extend  to  hinder  the  liberty  of  the  souldiery  in  their 
election  of  a  Major  when  soe  appointed  by  the  Assembly 
to  elect. 

Toted  and  ordered,  that  Commissioners  be  empowered  £°"™s" 
to  take  care  and  order  the  severall  watches  and  wards  onta0r^ered 
this  Island,  and  appoint  the  places.     The  persons  are,  on  ihe  Is- 
Mr.  Walter  Clarke,  Assistant,  Major  John  Cranston,  Mr. 
John  Clarke,  Mr.  Caleb  Carr,  Mr.  James  Barker  and  Mr. 
Richard  Baily,  for  Newport  ;  Capt'n  John  Albro,  John 
Sanford,  Mr.  Robert  Hazard,  Lieut.  William  Correy, 
Lieut.  William  Cadman,  and  Robert  Hodgson,  for  Ports^ 


540 


RECORDS  OF  THE  COLONY  OF  RIIODE  ISLAND, 


1676.  mouth  ;  they,  or  the  major  part  of  them  in  each  towne 
v-^v-w  have  full  power  to  order  the  watches  and  watch  houses, 
and  how  many  shall  watch  every  night  ;  and  to  order  the 
number  of  persons  to  watch  dayly,  and  the  places  where. 
The  aforesaid  Commissioners  are  to  appoint  their  mcetinge 
time  and  place,  to  effect  the  premises  with  what  expedi- 
tion they  can,  for  the  safety  of  the  whole  ;  and  to  ap- 
point and  order  the  pennalty  for  neglects,  and  the  way 
and  manner  how  they  shall  be  taken  ;  and  they  in  each 
towne  are  required  in  his  Majesty's  name  to  meet  together 
the  14th  instant,  at  the  house  of  Mr.  Joshua  Coggeshall, 
and  then  afterwards  to  order  their  severall  meetings,  and 
that  the  Generall  Sergeant  is  required  by  this  Assembly 
to  informe  the  severall  persons  concerned  hereof. 

Voted,  whereas  there  hath  beeri  an  embargoe  upon  all 
Biskittin  come  and  bread  in  this  Island,  and  here  beinge  biskitt  in 
Banford  >s  Mr.  Peleg  Sanford's  custody,  that  belongeth  to  Boston 
seized  for   Collony,  and  wee  had  cause  and  necessity  to  make  use  of 

the  Collony.  J  7  J 

some  of  it,  and  wee  had  spent  so  much  of  our  owne  store 
for  supply  of  theirs,  and  knowinge  that  they  did  not  need 
it,  or  otherwise  might  supply  themselves,  soe  wee  intend- 
inge  and  resolving  to  be  accountable,  and  satisfy  them  for  it. 
It  is  enacted,  that  John  Sanford,  Recorder,  be  authorized 
to  send  a  letter  to  the  Governor  that  we  will  satisfy  them 
for  it,  and  be  ready  to  supply  them  in  what  wee  cann  ; 
and  that  the  said  bread  is  seized  on  and  secured  for  the 
Collony's  use. 

Voted,  the  acts  of  this  Assembly  are  ordered  to  be 
published  by  beat  of  drum,  on  Tuesday  next,  at  Newport, 
and  on  Wednesday  next,  at  Portsmouth. 

Voted,  that  the  Recorder  shall  have  fifteene  shillings 
from  each  the  two  townes  of  Newport  and  Portsmouth,  for 
coppys  of  this  Assembly's  acts,  with  the  seale  of  the  Col- 
lony affixed. 

Voted,  this  Assembly  is  dissolved. 


A>"D  PROVIDENCE  PLA>TATIOSS.  * 


541 


1676. 


Proceedings  of  the  Generall  Assembly  of  the  Colony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  2d  of  May,  1676. 

Mr.  William  Coddington,  Governor. 

The  Dep'y  Gov'r  chosen  Moderator  of  this  Assembly. 
John  Sanford,  Recorder,  chosen  Gierke  of  the  Assembly. 
Voted,  Isaac  Lawton  beinge  a  freeman  of  the  towne  of 
Portsmouth,  is  admitted  a  freeman  of  this  Collony. 
Toted,  this  Assembly  is  dissolved. 

At  the  Generall  Assembly  and  Election  held  at  Newport v 
at  Henry  Palmer  s  house  the  od  of  May,  1676. 

The  Assembly  consisted  of  the  Magistrates  and  Depu- 
ties aforenamed. 

Mr.  "Walter  Clarke,  chosen  Moderator  of  the  Assembly. 

John  Sanford,  chosen  Clerke  of  the  Assembly. 

Toted,  that  the  coppy  of  the  Charter  be  accordinge  to 
order,  openly  read. 

Voted,  that  this  Assembly  sitt  in  time  of  Election  in 
the  kitchen  of  this  house  ;  and  that  Arthur  Fenner  and 
John  Coggeshall  see  that  the  votes  come  in  legally,  and 
that  the  Clerke  of  this  Assembly  take  the  names  of  all  the 
freemen  that  vote  for  Governor. 

By  the  Election  : 

Mr.  Walter  Clarke,  Governor,  engaged. 

Major  John  Cranston,  Deputy  Governor,  engaged.- 

Mr.  John  Coggeshall,  Assistant,  engaged. 

Mr.  James  Barker,  Assistant,  engaged. 

Mr.  John  Easton,  Assistant,  engaged. 


542 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


167G.      Mr.  William  Harris,  Assistant,  engaged. 

Capt.  Arthur  Fenner,  Assistant,  engaged. 
Mr.  Thomas  Borden,  Assistant,  engaged. 
Mr.  Joshua  Coggeshall,  Assistant,  engaged. 
Mr.  William  Cadman,  Assistant,  engaged. 
Capt'n  Randall  Holden,  Assistant,  engaged. 
Mr.  Samuell  Gorton,  Jun'r,  Assistant,  engaged. 
Mr.  John  Coggeshall,  Recorder,  engaged. 
James  Rogers,  Generall  Sergant,  engaged. 
Mr.  Peter  Easton,  Generall  Treasurer,  engaged. 
Mr.  Weston  Clai'ke,  Generall  Attorney,  engaged. 
Mr.  Robert  Williams,  Solicitor. 

Voted,  Mr.  Joshua  Coggeshall,  Mr.  Daniell  Gould,  and 
John  Sanford,  with  the  Generall  Sergeant,  are  chosen  a 
Committee  by  this  Assembly  to  goe  to  the  late  Governor, 
Mr.  William  Coddington,  and  of  him  demand  and  receive 
the  Charter,  and  all  other  papers,  bookes  and  writeings  in 
his  custody  to  this  Collony  belonginge  ;  and  whatsoever 
they  receive,  they  are  in  and  on  the  Assembly's  behalfe  to 
give  the  said  Governor  a  full  discharge,  and  returne  what 
they  receive  to  this  Assembly,  to  be  disposed  of  as  the 
Assembly  shall  see  cause. 

Voted,  the  persons  afore  appointed  by  this  Assembly  to 
goe  to  the  late  Governor  for  the  Charter  and  such  other 
bookes,  papers,  &c,  in  his  custody,  belonginge  to  the 
Collony,  have  accordinge  to  their  trust,  delivered  the 
Charter,  and  all  other  papers  to  him  by  the  Assembly 
committed  and  recorded  in  the  yeare  1675  ;  and  alsoe 
one  letter  more  from  his  Majesty,  bearinge  date  the  4th 
of  August,  1675,  which  said  parchments  and  papers  they 
have  safely  returned,  and  the  same  are  committed  to 
the  keepinge  of  the  present  Governor. 

Voted,  that  the  Assembly  doe  see  cause  to  procure  ten 
barrills  of  powder,  and  two  thousand  weight  of  lead  ;  and 
ionyhe  Co,~  to  be  by  the  first  opportunity  procured,  and  the  charge 
thereof  to  be  borne  by  the  Collony  ;  and  the  Recorder  is 


Powder  to 
be  procured 


AND  PROVIDENCE  PLANTATIONS. 


543 


desired  to  draw  up  a  letter  to  Miles  Foster  to  procure  the  1676. 
same  powder  and  lead,  and  alsoe  to  write  to  the  Governor  v--^v-w 
of  Boston  for  a  permit  to  procure  and  bringe  soe  much 
powder  and  lead  from  thence. 

Voted,  whereas  John  Belou,  of  the  towne  of  Provi- ^f^;Tce 
dence,  presented  his  petition  to  this  Assembly  for  a  legall 
divorce  from  his  wife  Hannah  Belou  ;  the  Court  upon  ex- 
amination of  the  matter,  findeinge  that  from  the  first  of 
their  marriage  they  lived  very  discontentedly,  she  com- 
plaininge  of  his  insufficiency.  For  the  reason  abovesaid, 
and  others,  the  Assembly  doth  see  cause  to  divorce 
the  said  John  Belou  from  all  matrimoniall  engagements  to 
the  said  Hannah  Belou,  and  that  from  henceforth  this  As- 
sembly doth  declare  him  absolutely  free  as  abovesaid. 

Voted,  that  for  the  future,  the  Generall  Sergeant's  fee 
for  the  attendinge  the  jury  is  doubled. 

Voted,  that  by  reason  some  of  the  millitary  officers  are 
deceased,  this  Assembly  (notwithstanding  former  orders  in 
the  choyce  of  millitary  officers)  doe  now  see  cause  to  referr 
the  time  of  election  to  the  Major  John  Cranston,  his  abso- 
lute appointment  for  this  yeare. 

Voted,  upon  the  petition  that  hath  been  presented  from 
severall  of  the  freemen  of  the  towne  of  Providence  con- 
cerninge  their  distressed  condition  in  these  present  times 
of  wars  with  the  Indians  for  reliefe  ;  and  that  garrisons 
may  be  kept  at  the  charge  of  the  Collony,  the  Court 
weighinge  the  premises,  and  upon  debate  findinge  that 
they  are  not  able  to  pass  an  act  to  satisfaction  by  reason 
of  the  distance  of  place,  and  for  want  of  agitation  with  the 
persons  there  inhabitinge,  have  ordered  that  Mr.  John 
Easton,  Assistant,  and  Mr.  George  Lawton,  one  of  the  Men  to  goe 

to  Provi- 

Deputyes  of  this  present  Assembly,  are  with  all  conven- dence- 
ient  speed  desired  to  repaire  to  Providence,  haveinge  full 
power  given  them  upon  the  view  of  the  places  and  agitating 
with  the  inhabitants  there  to  determine  whether  garrison 
or  garrisons  shall  be  kept  there  at  the  charge  of  the  Col- 
lony, and  the  place  or  places  where  they  shall  be  kept,  or 


544 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


167G.  whether  any  at  all ;  but  if  they  doe  conclude  that  garrison 
^-v"*-' or  garrisons  be  convenient  to  be  kept,  they  are  not  to 
exceed  the  number  of  three  garrisons  ;  twenty  men  to  be 
placed  in  them  upon  the  charge  of  the  Collony  ;  and  to 
continue  not  above  one  month's  time,  unless  the  Assembly 
see  cause  longer  to  continue  them. 

Voted,  this  Assembly  is  adjourned  untill  the  14th  of 
June  next. 

June  the  14th. 

According  to  adjournment,  the  Assembly  was  convened 
and  called. 

Voted,  whereas  this  Assembly  have  seariously  consid- 
0rwe,  the  ered  the  many  grievances  presented  by  Grace,  the  wife  of 
Th,,s  i,aW-  Thomas  Lawton,  of  the  towne  of  Portsmouth,  often  to  the 
said  towne,  and  severall  times  to  this  Assembly  for  due 
and  sufficient  maintenance,  by  her  said  to  be  much  neg- 
lected in  her  husband's  absence,  and  alsoe  the  Councill  of 
the  towne  of  Portsmouth,  haveinge  not  only  for  her  supply 
but  alsoe  for  the  securety  of  the  said  towne  for  the  future 
enacted,  and  hath  been  obstructed.  Therefore,  for  the 
future  supply  of  the  said  Grace,  this  Assembly  doe  order, 
that  six  shillings  per  week  in  silver,  shall  be  truly  paid 
unto  the  said  Grace,  or  her  order,  duringe  her  life,  or 
untill  her  said  husband,  Thomas  Lawton,  shall  come  him- 
selfe,  or  take  due  care  for  the  said  Grace  her  mainten- 
ance ;  and  duringe  the  said  Thomas  Lawton's  absence,  or 
his  neglect  of  due  maintenance  to  his  said  wife,  the  said 
sum  of  six  shillings  per  weeke,  shall  be  paid  by  his  agent, 
Daniell  Lawton  ;  who  shall  alsoe  engage  the  performance 
hereof  to  the  Councill  of  the  towne  of  Portsmouth,  for  the 
use  abovesaid  ;  and  Mr  Thomas  Borden,  and  Mr.  John 
Almy  are  authorized  forthwith  to  take  a  true  inventory  of 
pertickulars,  and  the  vallue  of  all  the  moveable  goods  now 
in  her  custody,  which  inventory  the  said  Daniell  may 
have.  And  this  doth  not  extend  to  hinder  the  said  Grace 
from  her  due  privilege  in  the  chamber  she  is  now  possest 


AND  PROVIDENCE  PLANTATIONS. 


545 


of,  nor  the  use  of  those  necessary  moveables  now  in  her  167G. 
possession  which  are  to  be  inventored  as  abovesaid  ;  nor  *^**m 
doth  this  act  in  any  wise  extend  to  cut  off  the  said  Grace 
Lawton  or  any  of  her  children  from  any  estate  or  right 
whatever,  may  now  or  for  the  future  be  to  them  by  law 
belonginge  ;  nor  doth  this  act  any  wayes  hinder  the  said 
Grace  Trom  that  part  of  her  due  for  maintenance  yet  un- 
paid as  by  former  order,  but  the  same  shall  notwithstand- 
inge  this  orderj  be  truly  paid  to  the  said  Grace,  or  her 
order,  forthwith. 

Voted,  whereas  an  Indian,  called  Squattuck,  sent  to|£ejndian 
this  Island  by  Awassuncke,  a  Sachem  squaw  of  Secon- 
nett,  with  a  message  from  her  to  the  Governor  and 
Councill,  it  beinge  by  the  Governor  presented  to  this 
Assembly  for  consideration,  and  haveinge  seariously  con- 
sidered the  matter,  doe  order  that  the  said  Squattuck 
shall  be  safely  conveyed  to  the  water  side  where  he  land- 
ed, and  soe  into  his  canoe  to  pass  over  to  the  Sachem 
squaw,  abovesaid,  who  sent,  him ;  and  that  this  may  be 
truly  performed,  all  persons  on  this  Island  are  forbidden 
to  mollest  or  disturbe  the  Constable  Nicholas  Easton,  who 
is  ordered  to  see  the  performed  ;  likewise  this  forbids  all 
persons  as  aforesaid  to  doe  any  hurt  by  any  abuseinge  the 
said  Indian,  as  they  will  answer  it. 

Voted,  upon  the  presentation  of  severall  of  the  inhabit- a  gamson 

.    •  .  in  Provi- 

ants  of  the  towne  of  Providence  to  this  present  Assembly, dence- 
for  setlinge  of  garrisons  in  the  said  towne,  the  Assembly 
well  resentinge  the  matter,  and  upon  searious  considera- 
tion and  debate,  doe  order  and  declare  for  the  maintaininge 
of  the  King's  interest  in  this  his  Collony  of  Rhode  Island 
and  Providence  Plantations,  and  according  to  the  trust  re- 
posed in  us  by  his  Majesty  in  his  gracious  Charter  granted. 
That  one  garrison  shall  be  settled  at  said  towne  of  Provi- 
dence, consistinge  of  seven  men  with  a  commander,  which 
shall  make  up  eight.  The  said  seven  men  shall  have 
allowed  them  six  shillings  a  weeke  a  man,  money  pay ; 
and  the  commander  shall  have  in  same  specie  twelve 
vol.  n.  69 


64G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


107G.  shillings  ;  all  which  charge  to  be  paid  by  the  said  Collo- 
lony.  And  the  house  the  Commissioner  (hereafter  men- 
tioned, or  the  major  part  of  them),  shall  appoint  to  be  the 
garrison  house,  the  owner  of  that  house  shall  find  two  men 
(to  make  the  foresaid  number  ten),  and  to  maintainc  them 
at  his  owne  cost  and  charge  ;  but  in  case  the  appointed 
garrison  house  should  be  destroyed  or  burnt  by  the'encmy 
(notwithstandinge  their  care  and  dilligence  to  prevent  it), 
to  wTitt :  the  two  men  put  in  by  the  owner  of  the  house, 
shall  have  allowed  to  them  the  same  satisfaction  as  the 
aforesaid  seven  men  are  allowed  ;  that  is  to  say,  six  shil- 
shillings  per  man  a  weeke,  to  be  paid  by  the  abovesaid 
Collony.  The  Commissioners  appointed,  are  Mr.  Roger 
Williams,  Capt.  Arthur  Fenner,  Mr.  William  Harris,  and 
Mr.  George  Lawton,  or  major  part  of  them,  who  are  with 
all  convenient  speed  desired  and  required  to  repaire  to 
the  said  Providence,  and  there  take  speciall  view  of  all 
the  garrisons  in  said  Providence  ;  and  that  garrison  they 
judge  most  convenient,  they  are  to  declare  to  be  the 
King's  garrison,  and  to  set  up  and  use  at  the  charge  of 
the  Collony  the  King's  colors  there  ;  and  what  else  gar- 
rison or  garrisons  shall  be  set  up  by  any  belonginge  to  the 
said  towne,  shall  be  at  their  owne  proper  cost  and  charge, 
and  shall  be  observant  and  subject  to  the  said  King's  gar- 
rison ;  and  for  the  better  mannagement  of  the  premises, 
this  Assembly  doe  ordaine  and  constitute  Capt.  Arthur 
Fenner  to  be  the  present  Captaine,  who  shall  have  a  com- 
mission for  that  purpose.  And  if  said  Captaine  hath  at 
any  time  a  desire  to  remove  from  said  garrison  (or  at  his 
pleasure  or  discretion),  he  hath  hereby  full  power  given 
him  to  nominate  and  appoint  another  Captaine  or  Lievten- 
nant  in  his  roome  out  of  the  same  garrison  aforesaid, 
w7hich  Captaine  or  Lievetennant  soe  nominated  and  ap- 
pointed, have  the  said  commission  assigned  or  a  copy,  to 
him,  by  said  first  Captaine.  It  shall  be  as  authentick, 
and  of  as  full  force  and  power  for  him  to  act  in  the  prem- 
ises as  if  it  were  originally  granted  to  him  by  the  Assem- 


AND  PROVIDENCE  PLANTATIONS.  517 

bly.  Further,  this  Assembly  doe  order  that  one  great  gun  1676. 
belonginge  to  the  owners  of  the  shipp  Newport,  shall  be^-~-^*~/ 
by  warrant  from  the  Governor  pressed  and  ordered  to  be 
sent  to  said  Providence,  to  be  placed  in  the  King's  garri- 
son, with  fifty  pounds  of  powder,  and  one  hundred  weight 
of  lead  ;  which  said  powder  and  lead  is  not  to  be  embez- 
zled, but  kept  for  a  reserve  against  a  time  of  need,  to 
repulse  the  enemy. 

Voted,  the  Governor,  Deputy  Governor  and  Recorder, 
are  appointed  and  empowered  by  the  Assembly  to  draw 
up  a  commission  for  said  Captaine  Fenner,  and  to  be 
signed  by  the  Governor,  with  the  seale  of  the  Coliony 
annexed. 

CapVn  Fenner's  Commission. 

Captaine  Arthur  Fenner  :  You  beinge  nominated  and 
authorized  by  the  Generall  Assembly  of  this  Coliony, 
cheife  Commander  of  the  King's  garrison,  at  Providence, 
and  of  all  other  private  garrison  or  garrisons  there  (not 
eclipsinge  Capt'n  Williams's  power  in  the  exercise  of  the 
Traine  Band  there,  &c),  and  have  hereby  full  power  and 
sole  command  of  the  souldiers  belonginge  to  that  garrison, 
as  the  late  Generall  Assembly's  act  specifies,  to  witt : 
seven  men  on  the  Collony's  account,  besides  yourselfe  ; 
and  two  upon  the  account  of  the  garrison  house.  By 
virtue  of  the  power  aforesaid,  you  are  to  use  your  utmost 
endeavors  to  expulse,  and  expell  the  King's  enemies,  and 
to  preserve  as  much  of  the  interest  of  the  Coliony  as  you 
can  ;  and  if  the  foresaid  enemys  should  assault  you  or 
any  other  garrison  or  garrisons,  your  power  extends  to 
take  or  destroy  them  by  all  lawfull  meanes  as  you  see 
cause  ;  and  further  you  are  to  declare  to  any  of  the  forces 
of  the  United  Collonys  if  occasion  require,  that  you  are  there 
placed  to  manifest  to  all,  that  your  garrison  is  there  setled 
to  maintaine  the  interest  of  all  our  out  plantations  against 
their  unlawfull  intrusions,  and  to  forbid  their  setlinge  of 
garrison  or  garrisons  without  our  advice  and  knowledge  in 


54 S  RECORDS  OF  THE  COiOJIY  OF  RHODE  ISLAND, 

1G7G.  any  part  of  our  jurisdictions,  though  at  present  left  voyd 
^~v~^  of  inhabitants.  The  foresaid  Captaine  hath  hereby  power 
alsoe  to  make  up  his  number  of  men  of  those  that  are  now 
in  garrison  in  the  foresaid  towne  ;  and  those  men  that  are 
listed  to  attend  the  service  in  the  foresaid  King's  garrison 
under  the  Commander  aforesaid,  shall  be  duly  observant 
to  the  said  Captaine's  lawfull  commands.  To  the  true  per- 
formance of  the  aforesaid  premises,  these  shall  be  your 
sufficient  warrant  and  commission  protempore,  or  till  fur- 
ther order  of  the  Generall  Assemly,  or  Generall  Councill. 

Given  under  my  hand  and  seale,  this  19th  day, 
4th  month,  1676.       WALTER  CLARKE,  Governor. 

Voted,  this  Assembly  is  adjourned  till  Friday,  the  30th 
of  this  instant  month,  June. 

June  the  30th. 

The  Assembly  called  and  sat. 

Voted,  whereas  there  was  some  Indians  sent  to  this 
sent  tack  Island  by  Capt'n  Roger  Williams  from  Providence,  this 
to  i  rovi-  AsSemkiy  seariously  weighinge  the  matter,  doe  order,  that 
the  said  Indians  shall  be  forthwith  sent  back  againe  to  the 
said  Providence  ;  judginge  they  properly  belong  to  Ply- 
mouth Collony,  because  it  is  said  they  were  left  as 
hostages  to  the  English  forces  of  the  United  Collonys. 

Voted,  that  the  Indian  called  Potuck,  shall  not  yet  be 
sent  away,  but  sufficiently  secured  and  well  used  untill 
the  Governor,  Deputy  Governor  and  Magistrates,  or 
major  part  of  them  on  this  Island  see  cause  otherwise  to 
order. 

Voted,  whereas  there  are  severall  Indians  come  to  the 
Island  Qunonoqutt,  and  tender  a  submission  to  the  gov- 
ernment of  this  Collony,  the  consideration  and  orderinge 
of  the  matter  concerninge  those  Indians,  is  referred  to  the 
determination  and  judgment  of  the  Governor,  Deputy 
Governor,  and  Magistrates  on  the  Island,  or  the  major 
part  of  them. 


AND  PROVIDENCE  PLANTATIONS. 


549 


Voted,  that  whereas  there  is  a  clause  in  a  law  made  at  1676. 
an  Assembly,  held  May  the  7th,  1073.  wherein  is  speei-  — 

*     i       •  i  rJUlio  tr»ine 

fied  that  persons  deelarein^e  that  it  is  against  their  con-0'!*^"111- 

r  co  out  exeep- 

science  or  judgments  to  beare  armes  in  martiall  or  millitary llon- 
raanner,  that  such  shall  not  be  lyable  to  the  millitary 
authority,  nor  any  waves  lyable  to  pay  the  fine  by  law 
afore  ordered  and  set ;  and  findinge  that  severall,  under 
pretence  decline  their  duty,  whereby  great  disturbance  is 
in  the  severall  Traine  Bands  ;  therefore,  for  the  encour- 
agment  of  the  millitia  in  this  Collony,  the  said  clause  in 
the  said  law  is  made  voyd,  null  and  repealed ;  and  all 
persons  in  this  Collony  are  to  be  observant  actively  or 
passively,  as  the  former  lawes  have  provided  in  millitary 
affaires  ;  and  this  to  stand  in  force,  any  law  or  lawes, 
clause  or  clauses  therein  to  the  contrary  notwithstandinge. 

Voted,  this  Assembly  adjourned  untill  the  first  Monday 
in  August  next. 

August  the  6th. 

August  the  7th,  beinge  the  first  Monday,  accordinge  to 
the  aforesaid  adjournment,  the  Assembly  met  and  sat. 

Vot^d,  that  Lieut.  Edward  Richmond  with  his  company 
shall  be  allowed  and  have  the  one  halfe  of  the  produce  of 
the  seven  Indians  they  brought  in. 

Voted,  that  Capt'n  Andrew  Edmonds  and  his  company 
shall  have  the  one  halfe  of  the  produce  of  the  Indians, 
beinge  thirty  five  brought  in  by  them. 

Voted,  that  what  Indians,  men  or  women  able  for  ser-  =--= 

and  wiiMe^ 

vice,  that  shall  be  sold  by  the  Committee  empowered  by^*y^r5 
an  act  of  the  Councill,  beareinge  date  the  24th  of  July, 
1676,  which  said  act  is  hereby  confirmed,  and  those  soe 
sold,  shall  be  for  the  towne  of  nine  yeares,  only  for  noto- 
rious persons  duly  detected  or  guilty,  this  act  shall  not 
excuse  such ;  and  in  such  case,  the  Collony  shall  beare 
harmless,  and  indemnify  the  purchasinge  person,  and  for 
all  other  Indians  brought  in  or  which  shall  be  brought  in. 


550 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1076.  or  conic  in,  shall  be  disposed  of  as  the  said  Council!  have 

v-"^v^fc-/  ordered. 

Voted,  that  any  person  for  the  future,  that  shall  bringc 

inn.™*  not  in  any  Indian  or  Indians  into  this  Island,  or  any  other  la- 
ta be  bro't  '  'J 

HKnd^with-knd  in  this  Collony  without  leave  and  permit  from  the 
out  order.  Qovernoi.}  or  tw0  Assistants,  shall  forfeit  the  said  Indian 
or  Indians  ;  and  the  sum  of  five  pounds  to  be  taken  by 
distraint  by  a  warrant  from  the  Governor,  or  Deputy 
Governor,  or  any  Assistant ;  and  the  said  Indian  and 
sum  to  returne  to  the  Treasury  of  each  towne,  accordingc 
to  the  act  of  the  Councill  aforesaid.  And  further  it  is  or- 
dered, that  the  persons  abovesaid,  who  are  to  have  the 
halfe  of  the  produce  of  the  Indians  they  brought  to  the 
Island.  The  other  halfe  they  shall  pay  to  the  Treasurer 
for  Newport  ;  and  upon  refusall,  the  said  Indians  shall  be 
forfeited  to  the  Treasury  of  the  Island,  and  to  be  seized 
on  by  a  warrant  under  the  hand  of  the  Governor,  Deputy 
Governor,  or  any  one  Assistant,  to  any  officer  soe  em- 
powered. 

Voted,  that  noe  person  shall  carry  or  convey  any  Indian 
inu.an*  not  or  Indians  off  this  Island,  or  any  other  Island  in  this  Bay, 

to  be  trans-        ...  .  .  . 

Tithout     neither  directly  nor  indirectly,  without  a  permit  from  the 
ordir       Governor *or  Deputy  Governor,  or  two  Magistrates,  upon 
the  forfeiture  of  five  pounds  to  the  Island  Treasurys,  to  be 
taken  by  distraint,  by  a  warrant  from  the  Governor,  or 
Deputy  Governor,  or  two  Magistrates. 

Voted,  whereas  through  the  multiplicity  of  urgency 
narrates  that  hath  lately  happened  in  this  Collony  by  reason  of  the 
conflrmei8  danger  0I>  suddaine  assaults  of  the  enemy,  and  other  expe- 
ditions concerninge  the  present  war  with  the  Indians, 
which  hath  caused  many  suddaine  meetings  of  Towne 
Councills,  Councills  of  War,  &c,  with  other  private  orders 
from  officers,  and  other  ministers  of  justice  in  this  jurisdic- 
tion. This  Assembly  takeinge  the  aforesaid  premises  into 
consideration,  are  made  sensible  that  all  such  acts,  orders, 
commissions,  verball  orders,  &c,  which  hath  been  issued 


AND  PROVIDENCE  PLANTATIONS. 


forth  from  time  to  time  by  any  aforesaid  officer,  supposed  10 
to  have  been  done  with  a  good  intent  for  the  good  and  — ^ 
weale  of  this  his  Majesty's  Collony,  as  the  effects  have 
manifested,  and  what  has  been  soe  done  in  the  intervalles 
of  Assernblys  or  Generall  Councills,  urgent  occasion  as 
abovesaid,  callinge  for  the  same.  All  such  aforesaid  acts, 
orders,  commissions,  verball  orders,  &c,  by  any  officer, 
or  other  minister  of  justice  as  before  premised,  is  by  the 
authority  of  this  aforesaid  Assembly,  warranted,  approved 
and  allowed  to  be  lawfull  to  all  intents  and  purposes  in 
the  law,  as  if  the  Generall  Assembly  or  Generall  Councill 
in  this  said  Collony  had  been  in  lawfull  beinge  to  act  the 
same. 

Voted,  that  the  orders  of  this  Assembly  shall  be  pub- 
lished in  each  towne  on  the  Island  within  ten  dayes  of  the 
dissolution  of  this  Assembly,  and  the  late  orders  concerne- 
inge  the  Indians  to  be  published. 

Voted,  that  the  Clerke  of  this  Assembly  shall  have 
thirty  shillings  from  the  Generall  Treasury  for  his  attend- 
ance at  this  Court  ;  and  twenty  five  shillings  from  each 
towne  for  coppys  of  this  Assembly's  acts,  to  be  all  paid 
him  accordinge  to  the  price  of  money  pay. 

Voted,  this  Assembly  is  dissolved. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  2bth  of  October,  1676. 

Mr.  Walter  Clarke,  chosen  Moderator  of  this  Assembly. 
The  Recorder  chosen  Clerke  of  this  Assembly. 
Voted,  the  Assembly  is  adjourned  for  an  hour's  time. 
Voted,  Isiah  Palmer,  of  Block  Island,  is  admitted  a 
freeman  of  this  Collony. 


552 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G7G.  Voted,  the  Governor,  Mr.  Randall  Iloldcn,  Mr.  Caleb 
Carr,  Mr.  John  Sayles,  and  the  Recorder  are  chosen  a1 
Committee  to  ripen  matters  concerninge  the  Narraganset, 
and  to  draw  up  a  letter  to  Connecticut  Collony,  and  to 
make  their  returne  to  the  Assembly  to-morrow,  at  one 
o'clocke. 

Voted,  Mr.  Joshua  Coggeshall,  Mr.  William  Cadman, 
SbSuTtte"  aD-d  Mr-  Peter  Easton  are  appointed  a  Committee  to  draw 
indies.    Up  soniethinge  about  the  Indians  which  are  come  upon 
Rhode  Island  (or  other  Islands  in  this  Bay),  of  their  owne 
accorde,  how  they  shall  be  disposed  of,  and  to  make  their 
returne  to  the  Assembly  to-morrow,  at  one  o'clock. 

Voted,  Mr.  John  Easton,  Mr.  William  Harris,  Mr.  Job 
rttatMdtti"^my'        William  Wodell,  are  proposed  a  Committee  to 
miiiitia.     consider  about  births  and  burialls,  and  concerninge  the 
millitia,  and  to  draw  up  their  thoughts,  and  make  returne 
to  the  Assembly  to-morrow,  at  one  o'clocke. 

Voted,  that  this  Assembly  adjourne  till  to-morrow,  at 
one  o'clocke. 

October  2Uh. 

The  Assembly  met  and  called. 

Voted,  that  the  Committee  appointed  concerninge  the 
Narraganset,  and  to  draw  up  a  letter  to  Connecticut  Col- 
lony, are  continued  untill  to-morrow,  at  eight  o'clock,  to 
perfect  what  they  have  begun  ;  likewise  are  to  draw  up  a 
Prohibition,  to  be  set  up  in  the  Narraganset  country,  to 
prohibitt  all  (but  by  authority  from  this  Collony)  to  exer- 
cise jurisdiction  in  sayd  Narraganset. 

Voted,  that  Capt'n  Arthur  Fenner  is  discharged  from 
nerpanden"  his  employ  as  Captaine  of  the  garrison  at  Providence,  ap- 
releaeed.    pointed  and  named  the  King's  garrison  ;   likewise,  the 
rest  of  the  souldiery  enlisted  under  him. 

Voted,  this  Court  is  adjourned  till  eight  o'clock,  to* 
morrow  morning. 


AJsD  PROVIDENCE  PLANTATIONS- 


553 


1676. 

October  27th. 

The  Assembly  met  and  called. 

Voted,  and  it  is  enacted  by  this  present  Assembly,  The  Indian, 
concerning  the  Indians  that  are  come  on  any  Island  in  the 
Xarragansett  Bay,  of  their  owne  accord,  or  that  shall 
futurely  soe  come  on,  without  any  authority  from  this  Col- 
lony,  that  in  regard  of  the  trouble  that  is  like  to  be  by 
them,  and  the  danger  of  the  liberty  of  some  and  the  bond- 
age of  others,  which  is  like  to  make  so  great  a  disturbance 
in  this  Island  and  Collony,  to  those  English  that  have 
servants,  and  the  neighbour  Collonys.  Likewise,  beinge 
ready  to  take  notice  of  those  Indians  that  are  soe  as  afore- 
said, under  our  jurisdiction.  Therefore,  it  is  ordered, 
that  all  such  Indians  as  aforesaid,  that  are  entertained  by 
any  in  this  Collony,  and  hath  not  authority  from  the  Com- 
mittee appointed  to  dispose  of  Indians,  or  by  an  order  or 
certificate  under  two  Assistants'  hands ;  or  who  cannot  pro- 
cure such  order  or  certificate  ;  all  such  Indians  are  lyable 
to  be  disposed  of  for  the  benefit  of  the  Collony,  by  the 
Committees  appointed  to  dispose  of  Indians  :  or  any  three 
Magistrates,  may  soe  dispose  of  such  Indians  that  hath 
not  sufficient  certificate  or  order  as  aforesaid.  But  if  any 
pretend  right  to  entertaine,  or  keepe  any  such  Indians  as 
aforesaid,  contrary  to  this  act,  if  they  will  give  in  suf- 
ficient baile  to  stand  to  a  tryall  at  a  Court  of  Tryalls,  he 
may  have  a  legall  process. 

Voted,  this  Assemblv  takinge  into  searious  considers- *• 

"'  °  traine,  or 

tion  the  inconveniences  that  hath  been  among  us  by  some 
persons,  makinge  noe  difference  betweene  such  that  by 
their  neglect,  or  in  contempt  of  authority  doe  incur  the 
penalty  of  the  law  or  laws,  which  they  profess  in  duty 
they  ought  to  obey  ;  and  such  as  cannot  conforme  to  such 
laws  merely  for  conscience's  sake,  knowinge  that  in  such 
conformity  they  should  offend  God  ;  yet  were,  and  are  as 
ready  to  doe  what  they  could  for  the  Collony's  good  as  any 
vol.  ii.  70 


554 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G7G.  other  persons  therein,  soe  that  their  consciences  be  kept 
— -v~w  deare  ;  yet  desire  noe  liberty  that  leads  to  licentious  prac- 
tices, under  pretence  of  conscience,  but  rather  that  such 
practieers  should  Buffer  the  penalty  of  the  law  ;  and  true  lib- 
erty of  conscience  they  claiinc  as  their  just  priviledges,  both 
by  the  fundamental!  laws  and  the  priviledgea  of  the  King's 
Charter,  and  which  ought  to  be  maintained  amongst  us  ; 
but  is  not,  as  by  experience  is  seene.  For  such  consci- 
encious  persons  beinge  required  to  exercise  in  millitary 
affaires,  and  for  those  consciencious  Kefasealla  are  fined, 
and  then  inconsiderate  persons  are  imployed,  who- enter 
into  their  houses,  and  take  some  of  their  best  things;  and 
sometimes  five  times  the  value  that  they  should  by  law 
take  ;  and  others  whose  fines  were  justly  due,  often  ex- 
cused for  a  small  matter,  which  is  contrary  to  their  owne 
law  ;  which  practices  are  soe  fan  from  maintaininge  tiue 
liberty  of  conscience  granted  as  abovesaid,  that  it  savours- 
more  of  ruin  and  destruction  to  the  King's  subjects' 
interest  ;  and  what  hath  been  so  taken,  hath  not  been 
improved  for  the  country's  benefit,  but  spent  and  wasted 
in  excess,  and  company  keepeing  contrary  to  law  ;  for 
what  fines  were  justly  due,  ought  to  be  kept  in  stock  to 
supply  the  said  millitary  with  such  things  as  the  Collony 
was  forced  other  wayes  to  disburse  for. 

And  whereas,  some  members  of  this  Assembly  are  such 
that  for  conscience'  sake  cannot  prepare  for  war,  or  fight 
with  carnal  weapons,  and  doe  desire  that  all  were 
brought  to  the  same  understanding  ;  and  that  some  pro- 
fess it  is  their  dutyjto  prepare  for  war  and  defend  them- 
selves by  carnall  weapons,  for  doeing  which  they  are  to 
be  impowered  by  the  King's  authority  ;  and  these  mem- 
bers aforesaid,  being  civill  officers  under  the  King's 
Majesty,  whose  places  it  is  to  see  the  mainetenance  of  the 
laws  and  laws  accordinge  to  the  Charter,  &c.  ;  and  they 
knowing  it  would  be  persecution  to  hinder  any  from  that 
way  of  defence,  which  they  thinke  in  conscience  is  their 
duty.    These  members  therefore,  as  officers  under  the 


AND  PROVIDENCE  PLANTATIONS. 


555 


King's  authority  can  order,  authorize  and  require  such  167G. 
persons  to  act  in  millitary  discipline,  accordinge  to  law  ; 
and  such  persons  neglectinge,  or  in  contempt  of  authority, 
refuseinge  to  doe  that  which  they  profess  to  be  their  duty 
to  God,  they  ought  to  suffer  the  penalty  of  the  law.  The 
said  officers  hereby  showing  that  they  give  liberty  of  con- 
science as  willingly  as  receive  it  ;  doeinge  as  they  would 
be  done  by,  according  to  the  royall  law  of  God,  &c. 

Therefore,  that  whereas  there  is  a  clause  in  a  law  made 
at  an  Assembly,  held  May  the  3d,  1676,  which  infringeth 
true  liberty  of  conscience  by  makinge  vnyd,  nullinge  and 
repealinge  a  clause  in  a  law  made  at  an  Assembly,  held 
May  the  7th,  1673,  whereby  such  persons  are  exempted, 
and  not  lyable  to  fine  or  punishment  that  declare  it  is 
against  their  conscience,  or  judgments  to  beare  amies,  or 
act  in  martiall  or  millitary  manner,  &c.  And  that  such 
shall  not  be  lyable  to  the  millitary  authority,  &c,  which 
said  clause  in  that  said  act,  May  the  7th,  1673,  is  in  this 
Assembly  by  the  King's  authority  againe  established,  rati- 
fied and  confirmed,  and  every  part  thereof  to  stand  in  full 
force,  any  repeale,  law  or  lawes,  clause  or  clauses  to  the 
contrary  notwiihstandinge. 

Further  it  is  enacted,  that  for  the  future  not  any  of  the 
Traine  Bands  shall  be  compelled  to  traine  above  two  dayes 
in  one  yeare  ;  which  shall  be  the  first  Second  day  (or 
Monday)  in  the  first  month,  March  ;  and  the  first  Second 
day,  or  Monday,  in  the  7th  month,  September.  And 
that  all  fines  or  forfeitures  of  the  Traine  Bands  in  each 
towne  are  to  be  taken  by  the  Sergeant  of  sai3  towne,  and 
to  be  returned  to  the  Treasurer  of  said  towne  by  him  to 
be  kept  apart,  that  it  may  be  for  disbursements  to  furnish 
the  said  Traine  Band  with  colors,  drums,  and  other  pub- 
licke  instruments  ;  and  what  may  be  more,  is  to  be  kept 
for  a  magazine. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Letter  from  Rhode  Island  to  Connecticut. 

Newport,  October  25th,  1676. 
Honored  Gentlemen  :  We  cannot  omit  to  manifest  to 
you  our  absolute  dislike  of  your  late  proceedings  (if  our 
information  be  true),  which  from  credible  persons  of  our 
Collony  have  beene  asserted,  and  confirmed  by  severall  of 
yours,  and  some  in  authority.  That  you  have  by  order  of 
your  Court,  determined  to  deprive  us  of  your  just  rights 
and  privileges  in  the  Narragansett  country  (alias  King's 
Province)  graciously  granted  to  us  in  our  Charter  by  his 
Majesty,  and  confirmed  by  his  honored  Commissioners  ; 
by  virtue  of  which  power,  we  have  peaceably  enjoyed  the 
government,  disposition  and  other  privileges  therein  for 
severall  yeares  past.  Therefore,  it  seems  strange  that  you 
should,  under  pretence  of  subdueinge  the  Indians,  monopo- 
lize our  privileges  by  warninge  our  inhabitants  from  set- 
linge  upon  their  owne  Plantations  in  said  Narragansett,- 
that  were  forced  by  reason  of  the  late  war  with  the  natives 
to  desert  their  habitations  for  the  security  of  their  lives, 
Avith  what  else  of  their  stocke  and  moveables  they  could  • 
preserve,  till  a  way  by  the  Providence  of  God  should  be 
made  for  their  returne  to  their  owne  as  aforesaid.  Its 
well  knowne  that  the  United  Collonys  did  desert  severall 
of  their  Plantations  and  some  were  by  the  enemy  drove 
and  necessitated  soe  to  doe  for  safety  of  their  lives.  If 
for  that  cause  only,  the  Collonys  should  lose  their  Charter 
rights,  and  pertickuler  persons  their  lands  and  priviledges, 
it  would  to  them  (and  all  rationall  men),  appeare  ridicu- 
lous, and  without  doubt  be  disapproved  by  his  Majesty,  if 
it  should  come  to  a  hearinge.  We  are  very  apt  to  believe 
that  if  matters  come  to  a  just  inquiry  concerninge  the 
cause  of  the  war,  that  our  Narragansett  Sachems,  which 
were  subjects  to  his  Majesty,  and  by  his  foresaid  Commis- 
sioners taken  into  protection,  and  put  under  our  govern- 
ment, and  to  us  at  all  times  manifested  their  submission 
by  appearinge  when  sent  for.    Neither  was  there  any 


AND  PROVIDENCE  PLANTATIONS. 


557 


manifestation  of  war  against  us  from  them,  but  allwayes  1676. 
the  contrary,  till  by  the  United  Collonys  they  were  forced 
to  war,  or  such  submission  as  it  seemes  they  could  not 
submit  to  ;  thereby  involveing  us  into  such  hazards, 
charge  and  losses,  which  hath  fallen  upon  us  in  our  out 
Plantations,  that  noe  Collony  has  received  the  like,  con- 
sideringe  our  number  of  people.  But  admit  the  cause 
never  soe  just,  approved  and  allowed  by  his  Majesty,  in 
our  parts,  as  to  the  sayd  war,  as  its  well  knowne  and 
owned,  that  his  subjects  have  liberty  to  pursue  his 
knowne  enemys  in  order  to  subdue  them  in  any  part  of 
his  dominions  where  they  come  ;  and  cannot  but  be 
owned  a  great  favour,  and  that  for  such  kindness,  or 
priviledge,  the  said  inhabitants  should  lose  their  posses- 
sions, cannot  but  be  looked  at  as  a  great  oppression  and 
ingratitude,  which  to  deale  plainely  is  our  case  (if  infor- 
mation be  true  as  aforesaid),  is  it  not  sufficient  that  as 
God  hath  made  you  (with  the  assistance  of  the  Pequods 
and  other  Indians)  instruments  to  subdue  those  you  made 
war  with,  and  have  had  many  priviledges  in  our  said  Collo- 
ny without  interruption  from  us  ;  and  for  our  said  kindness 
you  indeavour  to  reward  us  with  the  deprivinge  us  of  our 
just  rights,  and  our  inhabitants  of  their  settlements  upon 
their  owne  againe,  will  appeare  very  unjust.  And  further 
to  suggest  that  the  land  was  left  voide,  and  therefore  free 
for  others  to  settle  ;  wee  say  inasmuch  as  our  authority 
saw  cause  to  draw  our  people  into  a  nearer  compass  there- 
by to  preserve  their  lives  and  estates  (which  true  wisdome 
would  lead  all  men  to),  did  thereby  maintaine  our  Collony 
in  beinge.  But  had  our  Collony  beene  wholly  deserted, 
and  the  people  and  authority  vanquished,  there  might 
have  been  some  color.  Soe  hopeinge  you  will  take  the 
premises  into  your  serious  consideration,  and  avoide  any 
future  provocations  by  threats,  or  actions  in  our  foresaid 
boundarys  ;  otherways  you  must  expect  our  opposition  to 
the  utmost  of  our  abilityes.  And  further  know,  that  our 
intentions  are  (if  violated  of  our  just  rights)  by  your  au^ 


558 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G7G.  thority,  doc  purpose  with  all  expedition  to  make  expticft* 
—-v-^  tion  to  his  Majesty,  the  consequence  of  which  may  prove 
inconvenient  to  some  ;  but  blame  not  us  who  arc  forced 
thereto,  but  its  rather  our  hearts  desire  peaceably  to  enjoy 
our  owne,  and  with  you  and  all  men  to  live  neighbourly 
and  friendly,  which  is  the  true  desire  of  your  very  lovinge 
friends  and  neighbours. 

Signed  by  order  of  the  Generall  Assembly  sittinge 
October  25th,  1G76. 

Per  JOHN  COGGESHALL, 

Clerke  of  the  Assembly. 
To  the  Honored  the  Generall  Assembly  of  Connecticut 
Collony,  if  sitting,  or  to  the  Honored  the  Governor 
and  Councill  of  said  Collony,  these  present  with 
care. 


Voted,  whereas  Mr.  Phillip  Smith  and  Mr.  Richard 
ueCon ™u~  Baily,  survivinge  executors  to  the  last  will  and  testament 


cu'rke'a  of  Mr.  John  Clarke,  physician,  presented  a  paper  to  this 
iocoants.  £ourt,  wherein  they  demand  of  this  Collony  (as  due  to  the 
sayd  Mr.  Clarke),  one  hundred  pounds  current  money  of 
England.  This  Court  havinge  considered  the  said  de- 
mand, and  the  severall  transactions  of  some  Assemblys 
not  agreeinge  with  the  said  demand,  nor  accordinge  to 
other  payments  ;  this  Assembly  doe  therefore  deliberate 
to  inquire  into  accounts  betweene  the  said  Mr.  Clarke 
and  this  Collony,-  and  appointe  Mr.  John  Easton,  Mr. 
William  Wodell,  Mr.  Caleb  Carr,  and  the  Recorder,  to 
examine  the  accounts  of  the  said  executors'  agreements 
and  orders  betweene  this  Collony  and  the  said  Mr.  Clarke, 
betweene  this  time  and  this  Assembly  in  May  next,  and 
then  make  returne  how  they  finde  accounts  to  stand  be- 
tweene them. 

Voted,  upon  the  petition  of  Mary  Rogers,  widdow,  and 
a  commit-  executrix  to  the  late  deceased  James  Rogers,  Generall 

tee  on  ° 

Kogere's  ac. Sergeant,  for  moneys  (as  she  saith  he  told  her),  was  due 
to  said  Sergeant  in  his  life  time,  the  Assembly  not  beinge 


AND  PROVIDENCE  PLANTATION"?. 


559 


eleare  in  the  matter,  doe  nominate  and  appointe  Mr.  Peter  1676. 
Easton,  Generall  Treasurer,  Mr.  John  Sanford,  late  Re- 
corder,  and  John  Coggeshall,  the  now  Recorder,  to  audit 
the  said  petitioner's  accounts,  and  make  their  returne, 
what  they  finde  to  the  Generall  Assembly,  in  May  next. 

Voted,  upon  the  petition  of  Mr.  John  Sanibrd  ^late^  f  • 
Recorder),  for  moneys  due  to  him,  as  appeares  by  the  ac- lowed  **■ 
counts  betweene  him  and  the  Generall  Treasurer,  and 
other  services,  he  has  been  employed  in  for  the  Collony  ; 
this  Assembly,  upon  debate  of  the  matter,  doe  order  to 
allow  the  said  Mr.  John  Sanford  (as  a  finall  issue  of  all 
accounts)  seven  pounds  money  pay,  to  be  paid  by  the 
Generall  Treasury. 

Voted,  that  this  Assembly  doe  proceed  presently  to  the 
choice  of  a  Generall  Sergeaut,  in  the  roome  of  James 
Rogers,  deceased. 

Thomas  Fry,  chosen  Generall  Sergeant,  and  engaged, 

The  Prohibition  to  be  set  up  in  the  Xarraganset. 

Newport,  in  the  Collony  of  Rhode  Island  ) 
and  Providence  Plantations.  S 
October,  27th,  1676. 
To  all  persons,  whom  these  presents  may  concerne  : 
These  are  in  his  Majesty's  name,  and  by  virtue  of  the  power 
granted  to  us  in  his  gracious  Letters  Pattents,  to  forbid 
all  persons  under  what  pretence  soever,  to  exercise  juris- 
diction in  any  part  of  the  Xarraganset   country  (alias 
King's  Province),  neither  to  transact  in  any  manuer  of 
way  as  to  disposition  of  lands,  &c,  but  by  order  of  the  au- 
thority of  this  our  Collony  of  Rhode  Island  and  Providence 
Plantations,  aforesaid  ;  as  they  will  answer  the  penalty  of 
what  shall  be  imposed  upon  him  or  them,  by  his  Majesty, 
or  the  laws  of  this  Collony. 

Published  by  order  of  the  Generall  Assembly  of  his  Maj- 
esty's Collony  of  Rhode  Island  and  Providence  Plantar 
tions,  sittinge  at  Newport,  October  25th,  1676. 

Per  JOHN  COGGESHALL,  Recorder, 


560 


RECORDS  OF  THE  COLONY  OF  RHODE  INLAND, 


1G77.      Voted,  that  the  Recorder  shall  forthwith  draw  out  two 
-*-v*w  coppies  of  the  order  about  the  Indians  ;  one  to  be  set  up 
in  Newport,  and  the  other  in  Portsmouth. 

Voted,  that  the  Gierke  of  this  Assembly  shall  have 
fourteene  shillings  from  each  towne,  beinge  for  coppies  of 
this  Court  acts,  with  the  seale  of  the  Collony  affixed. 
Voted,  this  Assembly  is  dissolved.    October  27th. 

At  a  meeting  of  the  Governor  and  Councill  of  this  Col- 
lony, January  22,  1676-7. 

Whereas,  there  are  great  complaints  to  this  Councill  of 
the  great  inconveniencies  which  accrue  to  this  Island,  by 
reason  of  severall  wigwams,  which  are  set  up  both  in 
men's  perticular  lands,  and  in  the  commons,  wherein  sev- 
erall Indians  doe  meet,  gittinge  drinke,  and  are  often 
drunke,  and  is  to  be  feared  by  such  meetings  they  may 
have  opportunity  to  plot  anew,  mischiefe  to  our  great  dam- 
age ;  the  premises  considered,  this  Councill  doe  order,  that 
no  person  shall  suffer  any  Indian  wigwam  to  be  built  upon 
his  land,  or  shade  made  of  mats  or  in  other  ways  made 
for  the  entertaininge  of  Indians  ;  or  of  any  such  aforesaid 
be  all  ready  built,  all  such  wigwams  or  shades  so  built, 
shall,  after  warninge  given  by  a  Magistrate,  or  any  other 
appointed  by  him,  be  pulled  down  by  the  owner  of  the 
lands  where  such  wigwams  or  shades  are  set  up,  within 
two  days  after  the  said  warninge  ;  and  upon  refusall,  it 
shall  be  in  the  power  of  the  Governor  and  Deputy  Gov- 
ernor, or  any  one  Assistant,  to  grant  forth  warrant  to  a 
Constable  to  take  sufficient  aide  with  him,  and  to  pull 
downe  and  demollish  all  such  wigwams  or  shades  as  afore- 
said. Further,  it  is  ordered,  that  the  same  warninge  as 
abovesaid,  shall  be  given  to  all  persons  which  have  set 
up  or  built  any  such  wigwam  or  shade  as  aforesaid  in  the 
common  of  this  Island,  to  pull  them  down,  and  upon  re- 
fusall, a  warrant  from  the  Governor,  to  a  constable  as 
aforesaid,  to  demollish  all  such  wigwams. 


AND  PROVIDENCE  PLANTATIONS. 


561 


Ordered,  that  if  any  Indian  or  Indians  upon  this  Island  1677. 
shall  be  found  with  any  liquors  or  stronge  drinke  about 
him  or  them,  in  either  bottle  or  bottles,  or  any  other  ves- 
sell,  it  shall  be  lawfull  for  any  inhabitant  upon  this  Island 
to  take  away  all  such  liquors  or  strong  drinke,  and  to 
break  all  such  bottles  or  vessells,  in  pieces. 

Ordered,  the  Councill  takeinge  in  their  serious  consid- 
erations not  only  the  inconveniencies,  but  the  discontent 
which  arises  in  severall  inhabitants  of  this  Island,  by  rea- 
son that  severall  Indians  doe  pass  and  re-pass  on  and  off 
this  Island,  with  guns  and  ammunition,  showinge  noe 
ticket  or  order  soe  to  doe,  these  are  to  order  and  authorize 
auy  inhabitant  of  this  Island  that  shall  meet  any  Indian 
or  Indians  with  either  gun  or  guns,  or  ammunition  to  take 
them  from  him  or  them,  and  bring  both  guns,  ammunition 
and  Indians  before  the  Governor  or  Deputy  Governor,  to 
be  examined  of  the  reason  of  their  so  doeinge,  and  to 
dispose  of  them  accordinge  to  either  of  their  discretions. 

Further,  it  is  ordered,  that  the  Secretary  shall  draw 
forth  two  coppies,  one  for  Xewport,  and  one  for  Ports- 
mouth, to  be  set  upon  some  publicke  place.  Likewise, 
that  the  Clerke  of  each  towne  shall  reade  and  publish 
these  orders  in  their  first  towne  meetinge  convened  after 
these  orders  come  in  to  his  hand. 

Letter  from  Rhode  Island  to  Connecticut. 

Newport,  Aprill  21,  1677. 

Honored  Gentlemen  :  Forasmuch  as  we  are  informed 
that  by  your  warrant  and  express  order,  divers  of  inhabit- 
ants of  the  Narragansett  country  are  taken  by  Capt.  Geo. 
Denison,  and  carried  away  as  prisoners  for  their  lawful 
employments  ;  and  also  from  their  possessions  in  this 
Collony,  and  within  the  bounds  thereof  are  arrested  and 
conveyed  to  yourselves  for  tryall  upon  default  of  exe- 
cution and  disobedience  to  your  authoritie  exercised  by 
your  declarations  and  edicts  given  forth  within  our  limits 

vol.  n.  71 


562 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1077.  and  jurisdiction,  the  persons  having  long  since  engaged 
■*^v-^ fidelity  to  this  government;  and  not  only  so,  but  some  of 
them  havinge  sometimes  been  officiated  by  this  authority, 
which  you  would  seem  to  enforce  them  to  relinquish. 
Gentlemen,  we  can  do  no  lesse,  therefore,  according  to 
the  trust  imposed  in  us  by  his  Majesty,  our  Sovereign  ; 
and  to  resolve  to  move  and  act  accordinge  to  our  ability 
for  the  rescue  and  reliefe  of  any  loyall  subjects  inhabitinge 
within  this  Collony,  and  use  all  lawful  means  for  their 
release  from,  such  oppression  and  violence  ;  for  we  can 
deem  it  no  otherwise,  except  you  can  discover  unto  us 
any  late  order  received  by  you  from  his  Majesty  for  your 
proceedinge  after  this  sort,  in  the   said  Narragansett 
country.    If  you  have  not  such  order,  we  hope  and  ex- 
pect upon  the  receipt  hereof,  you  will  returne  the  persons 
arrested  without  any  further  abuse  of  them,  or  else  you 
may  assure  yourselves  we  shall,  with  all  convenience,  make 
our  humble  address  by  waye  of  complaint  to  his  Majesty  for 
reliefe  in  the  premises  ;  for  gentlemen,  you  know  very 
well  the  Narragansett  country  was  by  his  Majesty  gra- 
ciously granted  by  his  royall  Charter  to  be  governed  by 
the  authority  therein  conferred  unto  this  his  Collony  ;  his 
Majesty's  Commissioners  also  having  debated  the  matter 
upon  the  Narragansett  country,  continued  the  government 
of  it  unto  this  Collony.    And  you  further  well  know  that 
yourselves  are  strictly  forbidden  to  use  any  authority  there 
by  his  Majesty's  honorable  Commissioners ;  moreover, 
you  are  not  ignorant  that  the  lands  of  the  said  Narragan- 
sett country  are  his  Majesty's  proper  and  peculiar  inter- 
est, and  therefore,  by  his  speciall  order  entitled  the  King's 
Province.    Now  then,  gentlemen,  be  pleased  to  consider 
whether  his  Majesty  or  yourselves  may  be  the  most  meet 
judges  who  or  whom  may  be  justly  called  the  intruders  in 
the  said  Narragansett  country  ;  for  we  are  confident  that 
his  Majesty's  interest  in  the  Narragansett  lands  cannot  be 
nullified  ;  neither  can  the  acts  of  his  Commissioners  be- 
come of  no  effect,  notwithstanding  your  late  war  with  the 


AND  PROVIDENCE  PLANTATIONS. 


563 


Indians.  And  as  we  said  before,  an  allegiance  and  1677. 
fidelity  bindeth  us  thereto,  so  that  we  cannot  nor  dare  not  v^v-**- 
do  otherwise,  but  with  all  speed  give  true  information  to 
his  Majestie  of  these  practices,  that  it  may  appeare  who 
are  blameworthy  ;  and  that  such  may  suffer  his  Majesty's 
displeasure.  And  in  the  meane  time,  that  we  may  live 
by  you  without  such  molestation,  and  that  his  Majesty's 
subjects  shall  not  be  arrested  and  seized  by  your  au- 
thorise, and  taken  as  offenders  against  you  and  impris- 
oned by  you,  carried  by  force  from  their  habitations  and 
possessions  to  their  great  hindrance  in  their  lawfull  em- 
ployments, especially  now  in  this  season  of  the  yeare  ; 
and  in  this  seeming  respite  and  cessation  of  the  war  in 
those  parts,  of  the  great  losses  they  have  sustained  in  this 
cruell  conflict ;  we  say  if  you  persist  in  these  proceedings 
of  annoyance  before  his  Majesty's  determination  can  be 
received  (although  as  yet  you  have  upon  all  occasions  re- 
ceived nothing  from  us  but  civilitie  and  courtesie),  we 
shall  be  constrained  to  seize  any  of  your  people  hencefor- 
ward that  shall  presume  to  molest  any  of  his  Majesty's 
subjects  within  the  confines  granted  to  us  ;  but  we  rather 
desire  you  may  not  put  yourselves  nor  us  to  that  trouble, 
for  we  question  not  but  his  Majesty's  determination  may 
reasonably,  in  a  short  time  be  procured  to  put  an  issue  to 
these  inconveniences  ;  so  for  the  present  we  take  leave 
and  remaine,  gentlemen, 

Your  affectionate  friends  and  neighbours, 

JOHN  COGGESHALL,  Secretary. 
To  the  Worshipfull  William  Leete,  Esq.,  Governor  of 

his  Majesty's  Collony  of  Connecticut,  to  be  comnuu 

nicated  to  his  Councill.  * 


6G4  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1677. 

Proceedings  of  the  Generall  Assembly  held  for  the  Collonij 
of  Rhode  Island  and  Providence  Plantations  at  Neivport, 
the  1st  of  Mai/,  1677. 

Mr.  Walter  Clarke,  Governor. 

The  Deputy  Governor  chosen  Moderator. 
John  San  ford,  chosen  Clerke. 

Voted,  James  Card,  William  Brinly,  William  Clarke, 
Jahleel  Brenton,  Ralph  Paine,  Myles  Foster,  Roger 
Gouldinge,  Thomas  Rodman,  Thomas  Goulde,  Jun'r,  Jo- 
siah  Lyndall,  John  Clarke,  George  Vaughan,  and  James 
Weeden,  beinge  freemen  of  the  towne,  are  admitted  free- 
men of  this  Collony. 

Voted,  John  Dexter,  Joseph  Jenks,  Samuell  Tefft, 
Benjamin  Whipple,  David  Whipple,  and  John  Tillinghast, 
all  of  the  towne  of  Providence,  are  admitted  freemen  of 
this  Collony. 

Voted,  Benjamin  Congdon,  John  Manchester,  Na- 
thaniell  Potter,  William  Brownell,  Edmund  Shearman, 
and  Benjamin  Shearman,  all  of  the  towne  of  Portsmouth, 
are  admitted  freemen  of  this  Collony. 

Voted,  Abell  Potter,  is  admitted  a  freeman  of  this 
Collony. 

Voted,  Michall  Kelly,  is  admitted  a  freeman  of  this 
Collony. 

At  the  Generall  Assembly  and  Election  held  in  his  Majes- 
ty's name,  May  the  2d,  1677,  at  Newport. 

At  their  first  sittinge,  the  Assembly  consisted  of  the 
aforenamed  Governor,  Assistants  and  Deputies. 


AND  PROVIDENCE  PLANTATIONS. 


Major  John  Cranston,  chosen  Moderator.  16 
John  Sanford,  chosen  Clerke.  v--*"* 
Voted,  that  the  Charter  accordinge  to  former  order,  be 
openly  read,  which  accordingly  was  done. 

Voted,  that  Mr.  Samuell  Gorton,  Assistant,  and  Mr. 
Richard  Baily,  are  appointed  to  receive  the  votes  from 
each  man  ;  and  if  any  be  doubled,  they  may  open  them, 
and  soe  deliver  but  one  from  each  person  into  the  hat. 

Voted,  that  four  Deputies  be  chosen  to  open  the 
proxies,  to  wit,  Capt.  Peleg  Sanford,  Mr.  John  Whipple, 
John  Sanford,  and  Capt.  John  Greene. 

By  the  Election  was  chosen  : 

Mr.  Benedict  Arnold,  Governor,  engaged. 

Major  John  Cranston,  Deputy  Governor,  engaged. 

Mr.  James  Barker,  Assistant,  engaged. 

Capt.  Peleg  Sanford,  Assistant,  engaged. 

Mr.  Joseph  Clarke,  Assistant,  engaged. 

Mr.  Roger  Williams,  Assistant ;  whoe  refuseinge,  Mr. 
John  Whipple,  Jun'r,  chosen  Assistant,  and  engaged. 

Mr.  Stephen  Arnold,  Assistant,  engaged. 

Mr.  Thomas  Olney,  Jun'r,  Assistant,  engaged. 

Capt.  Samuell  Wilbore,  Assistant,  engaged. 

Capt.  John  Albro,  Assistant,  engaged. 

Capt.  John  Greene,  Assistant,  engaged. 

Mr.  Samuell  Gorton,  Jun'r,  Assistant,  engaged. 

John  Sanford,  Recorder,  engaged. 

Lieut.  Edward  Richmond,  Generall  Attorney,  engaged. 

Thomas  Fry,  Generall  Sergeant,  engaged. 

Mr.  John  Coggeshall,  Treasurer,  whoe  refuseinge,  was 
chosen  Mr.  Thomas  Ward,  Treasurer,  engaged. 

Mr.  Robert  Williams,  Solicitor. 

The  Governor,  Mr.  Benedict  Arnold,  chosen  Moderator. 
John  Sanford,  chosen  Clerke  of  this  Assembly,  untill 
the  Assembly  see  cause  otherwise. 

Voted,  that  some  persons  of  this  Assembly  be  sent  to 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1677.  the  late  Governor  Walter  Clarke,  and  of  him  demand  and 
a*"*-^ receive  the  Charter,  and  all  other  writcings  in  his  custody, 
in  any  wise  belonginge  to  this  Collony  ;  together  with  the 
severall  letters  and  answers  bctweene  this  Collony  and  the 
other  Collonys,  as  hath  past  in  relation  to  the  late  troubles 
and  wars  with  the  Indians,  &c.  And  what  they  re- 
ceive of  the  said  late  Governor,  they  have  the  full  power  of 
this  Assembly  to  give  a  discharge  ;  the  same  pcrtickulars 
to  returne  unto  this  present  Assembly,  to  order  the  further 
disposeal.  The  persons  appointed  and  elected,  are  Mr. 
Peleg  Sanford,  John  Sanford,  Mr.  Thomas  Ward,  and  Mr. 
Richard  Baily.  And  the  Generall  Sergeant  to  attend  the 
messengers  aforesaid,  of  this  Assembly. 

We  whose  names  are  subscribed,  being  chosen  and  ap- 
pointed by  the  present  Assembly  of  his  Majesty's  Collony 
of  Rhode  Island  and  Providence  Plantations,  held  at 
Newport,  the  2d  of  May,  1677,  to  goe  to  the  late  Gov- 
ernor, Walter  Clarke,  have  of  him  received  the  Charter, 
granted  to  this  Collony  ;  the  agreement  betweene  the 
Agents  ;  four  letters  from  his  Majesty  ;  one  letter  from 
the  Earle  of  Clarendon  ;  a  coppy  of  his  Majesty's  letter 
to  the  Commissioners  ;  a  coppy  of  Reprisalls  ;  the  Com- 
missioners, of  the  20th  of  March,  1664  ;  and  of  Aprill 
8th,  1665  ;  and  alsoe  the  Statue  Booke.  These,  we  ac- 
knowledge to  have  received  as  aforesaid,  the  3d  of  May, 
1677. 

THOMAS  WARD, 
RICHARD  BAILEY, 
JOHN  SANFORD, 
PELEG  SANFORD. 

Voted,  ordered,  that  the  receipt  given  by  Capt.  Peleg 
Sanford,  Capt.  John  Sanford,  Thomas  Ward,  and  Richard 
Baily,  be  entered  on  record  ;  they  haveing  in  this  present 
Assembly  delivered  up  the  Charter  and  the  other  write - 
iugs  and  letters  in  the  said  receipt,  mentioned. 

Voted,  upon  the  petition  presented  unto  this  Assembly 


AND  PROVIDENCE  PLANTATIONS. 


567 


by  Thomas  Gould,  James  Reynolds  and  Henry  Tibbitts,  for  1677. 
instruction,  assistance  and  advice,  as  to  the  oppressions 
they  suffer  under  from  the  Collony  of  Connecticut.    This  e^sett 

*  *  inhabitants. 

Court  haveing  seariously  considered  thereof,  doe  unani- 
mously declare,  that  they  will  vindicate  their  jurisdiction 
unto  the  Narragansett  country,  and  from  the  intrusions  of 
Connecticut  Collony  ;  and  that  if  the  said  petitioners  shall 
suffer  either  in  their  persons  or  estate,  for  their  fidelity 
and  submission  unto  this  Collony,  we  will,  as  we  are  in 
duty  bound,  stand  by  them,  and  relieve  them,  by  all  law- 
full  ways  and  means,  whatever,  which  is  the  full  result  of 
this  Court,  or  answer  unto  the  said  petition,  dissentinge. 
Hereby  also  strictly  prohibitinge  the  said  Thomas  Gould, 
James  Reynolds  and  Henry  Tibbitts,  and  all  other  persons 
inhabitinge  in  the  Narragansett  country  from  yeildingc 
any  subjection  or  obedience  to  any  authority  derived  from 
any  other  Collony. 

Voted,  whereas  his  Royall  Majesty  in  his  most  gracious  The  miiutic. 
patent  granted  unto  this  Collony,  hath  therein  graciously 
given  and  granted  unto  his  people  and  subjects  the  inhab- 
itants thereof,  free  liberty  of  conscience  for  the  reall 
worship  of  God,  as  they  are  perswaded  by  the  severall 
dispensations  thereof :  yet  therein  alsoe  strictly  requiringe 
and  commandinge  that  all  due  obedience  shall  be  given 
unto  the  laws  of  his  realme,  which  as  is  well  knowne,  are 
upheld  and  mainetained  under  God,  both  from  forreigne 
invasion  and  domestick  rebellion  by  the  millitary  power  ; 
alsoe  strictly  requireinge,  in  his  said  Pattent,  that  noe 
lawe  be  made  which  is  repugnant.  Yet  notwithstandinge 
some  under  pretence  of  conscience,  hath  taken  liberty  to 
act  contrary,  and  make  voyde  the  power,  strength  and 
authority  of  the  millitary  soe  necessary  to  be  upheld  and 
maintained,  that  the  civill  power  (in  which  the  whole  free- 
dome  and  priviledges  of  his  Majesty's  subjects  are  kept 
and  preserved),  cannot  without  it  be  executed,  and  have 
soe  far  acted  therein,  that  this  his  Majesty's  Collony  at 
this  time  is  in  effect  wholly  destitute  of  the  millitary 


5G8 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  forces  for  ^hc  preservation  thereof,  and  inhabitants  therein, 
>  *  and  may  thereby  be  made  a  prey  unto  the  weakest  and 
meanest  of  his  Majesty's  enemys.  This  Court  havinge 
taken  the  matter  into  their  most  searious  consideration; 
and  findinge  that  his  Majesty  in  his  Pattent  hath  required 
that  the  inhabitants  of  his  Collony  are  to  be  led,  con- 
ducted and  trained  up  in  martial!  affaires,  doe  by  the 
power  and  authority  thereof,  order,  enact  and  declare, 
that  the  inhabitants  of  every  respective  towne  within  this 
Collony,  shall  in  each  towne  respectively  have  their  free 
choyce  or  election  of  their  millitary  commanders  and  offi- 
cers ;  and  that  yearly,  upon  the  last  Monday  in  the 
month  of  May.  And  that  the  Governor,  Deputy  Gov- 
ernor, or  any  one  Assistant,  in  each  respective  towne, 
shall  give  forth  warrant  unto  the  Towne  Sergeant  to 
warne  the  inhabitants  to  assemble  in  armes  on  the  day 
abovesaid,  to  make  choyce  and  elect  their  commanders 
and  millitary  officers.  And  that  for  the  future  it  is  en- 
acted, that  the  Captaine,  or  in  his  absence  the  next  cheife 
commander  of  the  respective  Traine  Bands,  shall  give 
forth  warrant  from  time  to  time  unto  their  respective 
Corporalls,  or  some  other  person,  whoe  they  thinke  con- 
venient, to  warne  and  require  the  inhabitants  yearely,  on 
the  said  last  Monday  of  May,  to  assemble  in  armes  and 
elect  their  respective  commanders  and  millitary  officers  for 
the  exercisinge  of  the  people  in  martial]  affaires  in  each 
respective  towne.  And  that  the  Clerke  of  each  Traine 
Band  shall  within  ten  days  after  such  election,  returne  the 
names  of  the  Captaine,  Lievetenant  and  Ensigne  unto  the 
Governor,  or  in  his  absence  the  Deputy  Governor.  That 
soe  they  may  have  their  full  commission  for  the  execut- 
inge  and  dischargeinge  of  the  said  offices  under  the  Gov- 
ernor's hand,  with  the  seale  of  the  Collony  affixed.  And 
further  it  is  enacted  by  this  Court  and  the  authority 
thereof,  that  there  shall  be  six  traininge  days  in  the  yeare 
with  the  day  of  election  ;  which  days  of  traininge  shall 
be  for  the  towne  of  Newport  upon  the  last  Monday  save 


c 


AND  PROVIDENCE  PLANTATIONS. 


569 


one,  in  September ;  the  last  Monday  save  one,  in  Octo-  1677. 
ber  ;  the  last  Monday  save  one,  in  November;  the  last 
»  Monday  save  one,  in  March  ;  and  the  last  Monday  save 

one,  in  Aprill.  And  for  the  townes  of  Providence,  Ports- 
mouth and  Warwick,  their  days  of  trayninge  shall  be 
upon  the  last  Monday  in  September,  the  last  Monday  in 
October,  the  last  Monday  in  November,  the  last  Monday 
in  March,  and  the  last  Monday  in  Aprill  ;  and  soe  for  all 
or  any  other  towne  or  village  within  this  Collony  ;  and 
the  said  inhabitants  or  listed  souldiers  are  hereby  strictly 
required  and  commanded  to  make  their  personall  appear- 
ance compleat  in  their  armes,  at  the  second  beate  of  the 
drum,  in  such  places  in  the  respective  townes,  and  at 
such  houres  as  the  severall  Captaine  or  Captaines,  Com- 
mander or  Commanders  shall  appoint ;  and  that  then  and 
there,  the  souldiers  respectively  shall  give  and  yeild  all 
due  obedience  unto  their  respective  Captaine  or  Cap- 
taines, Commander  or  Commanders.  But  if  any  of  the 
listed  souldiers  shall  neglect  or  refuse  to  appeare  on  the 
severall  days  above  mentioned,  and  then  and  there  to 
yeild  obedience  as  aforesaid  ;  he  and  they  and  every  of 
them  soe  neglectinge,  shall  within  one  month  after  his 
non-appearance,  pay  for  his  said  default  the  just  sum  of 
two  shillings  in  money,  or  in  good  merchantable  pay  at 
price  equivalent  to  money,  unto  the  Towne  Treasurer,  of 
the  respective  townes,  for  the  use,  benefit  and  behoofe  of 
the  respective  Traine  Bands  ;  and  the  Treasurer's  receipt 
shall  be  a  sufficient  discharge  for  the  person  soe  payinge. 
But  in  case  any  person  or  persons  shall  neglect  or  refuse 
to  pay  unto  the  Treasurer  aforesaid,  their  said  penalty  or 
penaltys,  of  two  shillings  as  aforesaid,  and  within  the  time 
aforesaid  ;  that  then  the  Captaine  or  Captaines,  Com- 
mander or  Commanders,  are  hereby  empowered  and  au- 
thorized by  this  Court,  and  the  authority  thereof,  to  give 
forth  his  or  their  warrant  unto  his  or  their  respective 
Clerke,  or  to  some  other  person  belonginge  unto  the 
Traine  Band,  whoe  he  or  they  shall  thinke  fit  under  his 
Yol.  n.  72 


RECORDS  OF  TNE  COLONY  OF  RHODE  ISLAND, 


1677.  or  their  hand  or  hands,  to  require  and  command  any  such 
--»-v~w  person  or  persons  with  sufficient  ayde  if  need  require,  to 
distraine  upon  the  estate  of  the  person  soe  defective,  to 
the  vallue  of  two  shillings  as  aforesaid,  together  with  six 
pence  in  like  pay  for  the  levieinge  such  defect,  which 
money  shall  be  delivered  to  the  Towne  Treasurer  of  eaeh 
towne,  for  the  use  of  the  Traine  Band  or  Traine  Bands 
there  ;  and  the  Treasurer's  receipt  for  the  same  shall  be  a 
sufficient  discharge  ;  and  the  respective  Treasurers  of 
each  Towne,  are  hereby  required  and  commanded  to  re- 
ceive and  keep  the  said  fines  or  forfeitures  soe  delivered, 
into  his  hunds  untill  such  time  as  the  Captaine  or  in  his 
absence,  the  next  cheife  officer  of  each  Company,  see 
cause  to  demand  and  receive  the  same  or  any  part  thereof 
for  the  use  of  the  said  Company  ;  and  his  or  their  receipt 
shall  be  a  sufficient  discharge  unto  the  Treasurer  for  what 
they  doe  receive.  And  furthermore,  it  is  hereby  enacted, 
that  every  listed  souldier  within  this  Collony  shall  from 
time  to  time,  and  at  all  times  hereafter,  have  one  good 
gun  or  muskitt  fit  for  service,  one  pound  of  good  powder, 
and  thirty  bullets  at  least,  upon  the  penalty  of  one  shilr 
linge  in  money  for  each  day's  defect,  to  be  paid  unto  the 
Towne  Treasurer,  or  else  to  be  taken  for  the  use  of  the 
Company  as  aforesaid  ;  and  that  noe  person  or  persons 
within  this  Collony  from  the  age  of  sixteen  yeares  unto 
the  age  of  sixty  yeares,  shall  be  released  from  traininge 
or  other  duties  in  millitary  affaires,  exceptinge  only  the 
civill  officers  in  this  Collony,  or  such  whose  employments 
render  them  excusable  by  law,  unless  he  or  they  doe 
render  or  give  under  their  Captaine  or  next  cheife  com- 
mander in  the  Captaine's  absence,  a  good  and  full  satis- 
factory reason  for  their  neglect,  upon  which  the  said 
Captaine  or  next  cheife  commander,  hath  hereby  full 
power  granted  to  forgive  and  remit  the  same. 

Provided  always,  if  any  person  or  persons  to  be  dis- 
trayned  upon  by  vertue  hereof,  be  a  son  or  servant,  that 
have  noe  visible  estate  of  their  owne,  that  then  the  said 


AND  PROVIDENCE  PLANTATIONS. 


fines  and  forfeitures  shall  be  levied  and  distrained  upon  1677. 
the  estate  of  their  respective  masters,  parents  or  other 
persons  under  whose  service,  command  or  tuition  they  are. 
And  further,  it  is  enacted  and  ordained  by  the  authority 
aforesaid,  that  for  the  more  regular  proceedinge  in  levie- 
inge  and  distraininge  the  fines  above  mentioned;  and  that 
noe  person  shall  have  the  least  colour  to  complaine  of  in- 
justice or  oppression,  that  if  any  person  empowered  for 
levieinge  the  fines  or  forfeitures,  shall  by  vertue  of  any 
warrant  unto  him  or  them  directed,  seize  any  goods, 
household  stuffe,  or  commoditys  more  in  vallue  than  the 
fines  or  forfeitures  soe  distrained  for,  together  with  the 
money  due  for  that  service,  they  shall  forthwith  expose 
the  said  goods,  household  stuff,  or  commoditys  to  sale  ; 
or  else  procure  them  to  be  justly  apraised  by  two  freemen 
of  this  Collony,  and  shall  thereupon  returne  the  overplus 
unto  the  owner  of  the  said  goods,  household  stuff,  or  com- 
moditys, which  sale  or  disposeall  thereof,  shall  be  good 
and  effectuall  in  law,  to  alter  and  change  the  property 
thereof.     Provided  alwayes,  and  this  Assembly  doe  here-  conscience, 
by  declare,  that  it  is  their  full  and  unanimous  resolution 
to   maintaine  a  full  liberty  in  religious  concernments 
relateinge  to  the  worship  of  God,  and  that  noe  person  in 
habitinge  within  this  jurisdiction  shall  bee  in  any  wise 
molested,  punished,  disquieted  or  called  in  question  for 
any  differences  of  opinion  in  matters  of  religion,  whoe  doe 
not  actually  disturbe  the  civill  peace  of  the  Collony.  And 
lastly,  it  is  enacted  and  ordained  by  the  authority  afore- 
said, that  this  present  act,  and  all  and  every  clause  and 
clauses  therein  contained,  shall  be  duly  executed  through- 
out this  jurisdiction,  any  former  law  or  act  made  to  the 
contrary  thereof  in  any  wise  notwithstandinge. 

Voted,  that  this  aforesaid  act  concerninge  the  millitia, 
shall  be  by  the  Clerke  of  this  Assembly  published  under 
the  seale  of  the  Collony,  on  Monday  next,  the  7th  instant, 
at  Newport,  by  beate  of  the  drum,  and  at  the  towne  of 
Portsmouth  in  like  manner  published  the  14th  instant  5 


572 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  and  at  the  townc  of  Providence  and  Warwiekc  published 
^-»-v-^by  the  respective  Towne  Clerkes  or  some  other  appointed 
thereto  by  a  Magistrate  in  like  manner  as  aforesaid,  on 
or  before  the  21st  of  this  instant,  May. 

Voted,  upon  the  presentation  of  severall  of  the  towne 
King's  gar-  0f  Providence  to  this  present  Assembly  for  settlinge  of 
Providence.  garrisons  [n  the  said  towne,  the  Assembly  well  resentinge 
the  matter,  and  upon  searious  consideration  and  debate, 
doe  order  and  declare  (for  the  maintaininge  the  King's  in- 
terest in  this  his  Collony  of  Rhode  Island  and  Providence 
Plantations,  and  according  to  the  trust  reposed  in  us  by 
his  Majesty  in  his  gracious  Charter  granted),  that  one 
garrison  shall  be  settled  at  said  towne  of  Providence,  con- 
sistinge  of  seven  men  with  a  Commander,  which  shall 
make  up  eight ;  the  said  seven  men  shall  have  allowed 
them  six  shillings  a  man,  money  pay ;  and  the  Com- 
mander twelve  shillings  per  weeke  in  the  same  specie  ;  all 
which  charge  shall  be  paid  said  Collony,  and  the  house 
which   the  Commissioners  (hereafter  mentioned),  shall 
appoint  to  be  the  garrison  house,  the  owner  of  that  house 
shall  finde  two  men  (to  make  the  aforesaid  number*  tenn), 
and  to  maintaine  them  at  his  owne  cost  and  charge.  But 
in  case  the  garrison  house  should  be  destroyed  or  burnt 
by  the  enemy  (notwithstandinge  their  care  and  dilligence 
to  prevent),  they  to  wit,  the  two  men  put  in  by  the  owner 
of  the  house  have  the  same  satisfaction,  as  the  aforesaid  seven 
are  allowed  ;  that  is  to  say,  six  shillings  per  man  a  weeke, 
to  be  payed  by  the  abovesaid  Collony.    The  Commission- 
ers appointed  are  Mr.  Roger  Williams,  Captaine  Arthur 
Fenner,  William  Harris,  and  Mr.  George  Lawton,  or  the 
major  part  of  them,  whoe  are  with  all  convenient  speed 
desired  and  required,  to  repaire  to  the  said  Providence, 
and  there  take-  speciall  view  of  all  the  garrisons  in  said 
Providence,  and  that  garrison  they  judge  most  convenient. 
They  are  to  declare  it  to  be  the  King's  garrison,  and  to 
set  up  and  use  at  the  charge  of  said  Collony  the  King's 
eollors  there,  and  what  else  garrison  or  garrisons  shall  be 


a~:  rz. :  vz  zy ; z  r  ujz±z:  :  y  5 


set  up  by  any  belonginge  to  the  said  towne,  it  or  they  16* 
shall  be  at  their  owne  proper  cost  and  charge,  and  shall  ««*^ 
be  observant  and  suoject  to  the  said  King's  garrison. 
And  for  the  'better  mannagement  of  the  premises,  this 
Assembly  doe  ordaine  and  constitute  Captaine  Arthur 
Fenner  to  be  the  present  Captaine,  who  shall  hare  a 
Commission  for  that  purpose ;  and  if  said  Captaine  hath 
at  any  time  a  desire  to  remove  from  said  garrison  (or  at 
his  pleasure  or  discretion),  he  hath  hereby  full  power 
given,  to  nominate  and  appoint  another  Captaine  or  Leif- 
tenant  in  his  roome,  out  of  the  same  garrison  aforesaid, 
which  said  Captaine  or  Leiftenant  soe  nominated  and  ap- 
pointed, havinge  the  said  commission  assigned  to  him,  or 
a  coppy,  by  said  first  Captaine,  it  shall  be  as  authentick 
and  of  as  full  force  and  power  for  him  to  act  in  the  prem- 
ises, as  if  it  were  originally  granted  to  him  by  the  As- 
sembly ;  further,  the  Assembly  doe  order,  that  one  great 
gun  belonginge  to  the  owners  of  the  ship  Newport,  shall 
be  by  a  warrant  from  the  Governor  pressed  and  ordered 
to  be  sent  to  said  Providence,  to  be  placed  in  the  said 
King's  garrison,  with  fifty  pounds  of  powder  and  a 
hundred  weight  of  lead  ;  which  said  powder  and  lead 
are  not  to  be  embezzled,  but  kept  for  a" reserve,  against  a 
time  of  need  to  repulse  the  enemy. 

Toted,  the  Governor,  Deputy  Governor,  and  Recorder, 
are  appointed  and  empowered  by  this  Assembly  to  draw 
up  a  commission  for  said  Capt'n  Fenner,  and  to  be  signed 
by  the  Governor,  with  the  seale  of  the  Collony  annexed. 

Toted,  whereas  his  Majesty  in  his  gracious  Pattent, 
hath  granted  unto  this  his  Collony  all  that  tract  of  land 
called  the  Xarragansett,  or  King's  Province,  and  the  in- 
habitants thereof  haveinge  in  the  late  unhappy  war  with 
•the  Indians  been  driven  and  forced  out  of  their  habitations 
with  the  loss  of  all  or  most  part  of  their  estates,  and  ne- 
cessitated to  fly  up  to  this  Island  for  releife,  and  since  it 
hath  pleased  the  Almighty  God  to  command  a  cessation  of 
those  troubles  and  wars,  yet  the  userpation  of  the  Collony 


574 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  of  Connecticut  is  such  and  soe  vehemently  forced,  that 
they  would  discourage  all  persons  from  re-settlinge  of  the 
said  Narragansett,  or  King's  Province,  except  only  such 
as  will  yeild  obedience  unto  their  unjust  claims  and  intru- 
sions. 

This  Court  haveinge  taken  the  matter  into  searious 
w^tSe**  consideration,  doe  by  the  power  and  authority  thereof, 
declare,  order,  establish,  and  enact,  that  all  the  inhabit- 
ants o.f  this  Collony  firmely  settled  in  said  Narragansett, 
leige  people  of  his  Majesty,  and  such  as  owne,  acknowl- 
edge and  obey  the  lawes  of  this  Collony,  and  that  shall 
give  and  yeild  all  due  obedience  unto  the  same,  shall  and 
may  as  they  shall  see  occasion,  re-settle  themselves  and 
familyes  in  their  aforesaid  possessed  rights  and  habitations ; 
irland tobe and  for  further  encouragement  for  the  settlement  of  the 
a ^owneship  said  lands,  this  Court  doth  declare,  that  they  will  give 

in  Narra- 

gansett.  imt0  the  inhabitants  of  this  jurisdiction  tenn  thousand 
acres  of  land  in  the  said  Narragansett,  or  King's  Province, 
to  be  equally  divided  amongst  one  hundred  men,  such  as 
the  Court  shall  approve  of,  and  in  such  place  or  places,  as 
shall  not  in  any  wise  intrench  upon  the  just  rights  of  any 
other  man  or  men.  And  furthermore,  it  is  hereby  de- 
clared, that  if  any  member  of  this  Collony  or  members 
thereof,  shall  be  at  any  time  mollested,  or  disquieted  by 
any  pretence  from  any  other  Collony,  as  to  the  Pattent 
right  or  jurisdiction  of  the  said  lands,  that  this  authority 
will  forthwith  make  their  applycation  to  his  sacred  Maj- 
esty. And  further  this  Assembly  doe  hereby  strictly  pro- 
hibit and  forbid  any  person  or  persons  upon  any  pretence 
whatever,  to  settle  on  or  enter  into  the  Narragansett  coun- 
try, or  King's  Province,  except  such  as  shall  make  their 
address  unto  the  Generall  Court  of  this  Collony,  for  their 
approbation  ;  and  shall  accordingly  comply  with  such 
lawes  and  orders  as  shall  from  time  to  time  be  enacted  by 
the  said  Courts  for  the  good  and  peaceable  government  of 
these  parts. 

Voted,  that  Sergeant  John  Spencer,  Sergeant  Thomas 


AST)  PROVIDENCE  PLANTATIONS. 


Nicolls,  with  those  petitioners  with  them  named,  are  to 
be  first  accommodated  out  of  the  ten  thousand  acres  of 
land  in  the  Xarragansett  country. 

Voted,  forasmuch  as  the  forme  for  engagement  of  all 
officers  in  this  Collony  called  to  place  of  publick  concerne, 
&c,  for  the  administration  of  justice,  is  not  soe  formall 
as  ought  to  be.  Therefore  this  Assembly  doe  enact,  that 
the  engagement  as  followeth,  shall  be  for  the  future  ad- 
ministered and  taken,  viz.  ; 

Engagement  to  Generall  Officers. 

You,  A.  B.,  are  by  the  free  vote  of  the  free  men  of 
this  Collony  of  Rhode  Island  and  Providence  Plantations, 

elected  unto  the  office  of  ,  in  the  said  Collony,  kc, 

doe  sollemnly  engage  true  allegiance  unto  his  Majesty, 
his  heires  and  successors,  to  beare,  and  in  your  said  office 
equall  justice  and  right  to  doe  unto  all  persons,  both 
poore  and  rich  within  this  jurisdiction,  to  the  utmost  of 
your  skill  and  abillity,  without  partiality,  accordinge  to 
the  lawes  established,  or  that  shall  be  established  in  this 
said  jurisdiction,  accordinge  to  the  Charter,  as  well  in 
matters  millitary  as  civill.  And  this  engagement  you 
make  and  give  upon  the  perrill  of  the  penalty  of  perjury. 


The  Reciprocal  Engagement. 

I  doe,  in  the  name  and  behalfe  of  this  Collony,  re- 
ingage  to  stand  by  you,  and  to  support  you  by  all  due 
assistance  and  incouragement  in  your  performance  and 
execution  of  your  aforesaid  office  accordinge  to  your  en- 
gagement. 

Voted,  that  the  afore-written  engagement  shall  not  be 
in  force  untill  the  next  Court  of  Election,  in  May,  in  the 
yeare  1678,  to  be  administered  to  all  officers  called  to 
public  concerne,  for  the  administration  of  justice,  as 
aforesaid,  and  then  to  take  place. 

Voted,  whereas  this  Assembly  have  considered  that 


57C 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  there  is  noc  forme  on  record  for  the  engagement  of  Conr 
w-v-w  stables,  in  this  Collony,  have  seene  .cause  to  order  and  it 
is  ordered,  that  this  followingc  be  the  engagement  to  the 
Constables. 

Engagement  to  Com  tables. 

You,  A.  B.,  doe  hereby  sollemnly  engage  allegiance  to 
his  Majesty,  his  heires  and  successors,  to  beare,  and  that 
you  shall  well  and  duely  execute  the  office  of  Constable 
for  the  next  insueinge  yeare,  and  untill  another  be  en- 
gaged in  your  roome,  or  you  shall  be  legally  discharged 
thereof ;  and  this  engagement  you  make  and  give,  upon 
the  penalty  of  perjury.  And  this  to  be  in  force  immedi- 
ately, upon  the  publication  thereof. 

Voted,  whereas  in  the  act  for  the  upholdinge  and 
Fine*  of  maintaining  the  millitary  forces  in  this  his  Majesty's 
officers.  Collony,  accordinge  to  his  command  in  his  Pattent,  made 
and  enacted  in  this  present  Assembly,  there  was  noe  care 
or  order  taken  to  oblige  the  respective  Captaines  that 
yearely  shall  be  elected,  unto  a  just,  honest  and  faithfull 
discharge  of  his  office,  or  in  his  absence  the  next  cheife 
Commander  ;  by  reason  of  which  any  one  shall  be  remiss 
or  negligent,  the  whole  Collony  may  be  open  unto  very 
great  and  perrillous  dangers,  this  Court  havinge  taken  the 
matter  into  searious  consideration,  doe  by  the  power  and 
authority  thereof,  order  and  enact,  that  each  respective 
Captaine,  or  in  his  absence,  the  next  cheife  Commander, 
that  shall  neglect  or  refuse  to  give  timely  notice  unto  his 
respective  souldiers  to  appeare  in  amies  on  the  days  by 
law  prefixed,  shall  for  each  default  forfeit  forty  shillings 
in  money,  or  pay  equivalent  to  money,  to  be  paid  to  the 
Towne  Treasurer,  for  the  use  of  his  or  their  Traine  Band, 
within  one  month  after  such  default  ;  or  otherwise  to  be 
distrained  upon  by  warrant  from  the  Governor,  Deputy 
Governor,  or  any  one  Assistant  ;  and  the  same  course, 
order  and  method  to  be  proceeded  therein  as  is  expressed 
;n  the  law  above  recited.    And  further  more,  it  is  by  the 


AND  PROVIDENCE  PLANTATIONS. 


authority  hereof  enacted*  that  if  any  of  the  respective  167 
Captains  shall  neglect  or  refuse  to  give  forth  his  or  their v-*^ 
respective  warrants,  under  their  hands,  unto  such  persons 
as  are  by  law  appointed  to  gather  in  all  such  defects,  fines 
and  forfeitures,  as  is  from  any  of  their  respective  Com- 
panys  due  every  such  Captain,  or  in  his  absence,  the  next 
chiefe  Commander,  shall  for  every  such  default  and  neglect 
pay  unto  the  Town  Treasurer  as  aforesaid,  for  the  use  of 
•  the  Company,  the  whole  sum  of  what  is  due  from  soe  many 
of  his  Company  as  by  law  hath  neglected  their  duty  in 
military  affairs,  which  said  sum  shall  be  taken  by  distraint 
as  aforesaid,  out  of  the  estate  of  the  said  defective  Cap- 
tains or  next  cheife  Commander,  who  neglecteth  from 
time  to  time  as  the  said  law  hath  premised  to  give  forth 
warrant  for  the  gatheringe  and  takinge  the  said  fines  and 
penaltys  from  each  defective  person,  for  the  use  of  each 
respective  Company,  and  in  such  case  the  same  method 
for  aprisall  and  disposall  thereof  to  be  observed  as  is  pro- 
vided for  other  defeate  in  the  said  law. 

Voted,  that  Major  John  Cranston  is  still  continued  in 
the  office  of  Major  throughout  the  whole  Collony,  and  his 
former  commission  to  continue  until  further  order  of  this 
Assembly. 

Voted,  whereas  some  have  petitioned  this  Assembly 
that  the  markett  may  be  removed  or  changed  from  beinge 
kept  on  the  seventh  day  of  the  week,  or  Saturday,  it  not 
beinge  consistent  to  their  opinion  to  be  then  kept,  this 
Court  not  findinge  it  necessary  to  remove  or  change  the 
said  markett,  held  on  Saturday,  doe  see  cause  and  order 
that  a  markett  may  likewise  be  kept  on  every  Thursday, 
in  Newport. 

Voted,  upon  a  petition  by  some  of  the  members  of  this 
Assembly,  that  it  is  frequently  observed  that  the  Indians 
doe  often  meet  together,  and  many  times  do  accept,  and 
often  doe  presume  to  goe  with  armes  and  other  weapons, 
whereby  mischeife  might  ensue  to  the  inhabitants  and  sub- 
jects of  this  his  Majestie's  Collony,  therefore,  for  the  pre- 

vol.  ii.  73 


67S 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  sent  prevention  of  such  actinge  of  the  Indians,  this  Asscm- 
-^v-^  bly  doe  order  and  enact  that  all  and  every  constable  in  this 
Collony,  shall  take  speciall  care  to  prevent  all  such  meet 
inge  of  the  Indians,  and  of  their  beinge  soe  armed  in  this 
Collony,  and  use  their  endeavors  to  the  utmost  to  prevent 
the  same. 

Voted,  that  the  aforesaid  acts  of  this  Assembly,  con- 
eerningo  Captains  and  military  affairs,  neglecting  their 
duties  ;  alsoe  the  continueinge  the  Major's  Commission,  * 
and  the  order  of  this  Assembly  for  engaginge  of  consta- 
bles in  this  Collony,  and  this  Assembly's  order  for  liberty  of 
a  marketi  to  be  kept  in  Newport  on  Thursdays,  and  alsoe 
an  act  concerning  the  Indians,  shall  be  published  in  the 
towne  of  Newport,  by  beat  of  the  drum,  under  the  seale 
of  the  Collony,  by  the  Clerke  of  this  Assembly. 

Voted,  upon  the  petition  of  Thomas  Manchester,  .Tun., 
of  Portsmouth,  to  be  released  of  a  fine  for  not  servinge  on 
the  Jury  in  October  last,  and  he  declaringe  he  had  not 
timely  notice  thereof,  thereupon  this  Assembly  doe  remitt 
his  fine. 

Voted,  that  Serjeant  Henry  Lilly  is  chossen  and  ap- 
pointed Keeper  of  his  Majestie's  Prison  or  Jail,  in  New^ 
port,  in  this  jurisdiction,  untill  this  Assembly  take  further 
order.  And  is  forthwith  to  have  the  charge  and  com- 
mand of  the  prisoners,  and  the  prison  roomes,  \yith  the 
keys  and  other  irons,  only  the  former  Keeper,  Robert 
Taylor  hath  liberty  to  abide  in  the  other  roome,  untill  the 
12th  of  June  next,  except  the  Governor  or  Deputy  Gov- 
ernor shall  see  cause  to  remove  the  said  Taylor  sooner,  and 
then  the  said  Henry  Lilly  to  have  possession  of  all  that 
house. 

Voted,  that  a  coppy  of  this  act  shall  be  delivered  unto 
the  said  Lilly,  for  his  commission  to  act  in  the  promises. 

Voted,  that  the  General  Sergeant  and  Towne  Sergeant 
shall,  from  time  to  time,  attend  the  General  Assembly  of 
this  Collony,  and  alsoe  the  General  Court  of  Tryalls,  dure- 
inge  the  sittings  of  the  said  Court,  and  shall  bp  allowed 


A-N"D  PROVIDENCE  PLANTATIONS-  07-> 

and  payd  for  their  atendance,  each  day,  each  of  them  two  167V. 
shillings  in  money  or  other  pay  equivalent,  to  be  paid  by  *^*>m* 
the  General  Treasurer.    And  that  duringe  the  time  of  the 
sittinge  of  the  said  Courts,  the  said  Sergeants  shall  from 
time  to  time,  attend  the  Governor  with  halberds,  to  and 
from  the  Court. 

The  Assembly  adjourned  untill  Teesday  next,  which 
will  be  the  21st  day  of  this  instant  May,  and  then  Assem- 
ble againe  at  the  house  of  Henry  Palmer,  in  Newport. 

May  2Uh. 

The  Assembly  mett  and  sat. 

Voted,  this  followinge  ordered  to  be 'placed  to  Record 
with  the  acts  of  this  Assembly. 

Gentlemen  :  Wee  received  your  letter  three  days  after 
it  was  dated  ;  wee  have  been  as  quick  and  expeditious  as 
possible  we  could,  that  you  might  receive  all  suitable  en- 
couragement, that  as  you  continue  true  to  your  engage- 
ment to  this  Collony,  and  upon  that  account  are  kept 
prisoners,  wee  shall  equally  beare  your  charges  of  impris- 
onment, and  with  all  expedition  address  ourselves  to  his 
Majestie  for  reliefe,  the  Generall  Assembly  beinge  very 
near,  which  may  make  further  conclusion  for  this  purpose, 
not  else  at  present,  but  remaine 

Tour  friend,  signed  by  order  of  the  Councill, 

JOHN  COGGESHALL,  Secretary. 
To  Mr.  Thomas  Gould,  Mr.  James  Reynolds,  and  the 
rest  that  were  carryed  away  prisoners  to  Hartford,  in 
Connecticut!  Collony,  these  present  with  care. 
,    Newport,  Aprill  21,  1677. 

* 

Voted,  this  Assembly  takinge  into  searious  consideration 
the  late  intrusions  made  into  this  jurisdiction  by  the  Col- 
lony of  Connecticutt,  and  haveinge  perused  a  Letter  sent 
to  them  by  the  late  Councill  of  this  Collony,  April  21, 
1677,  wherein  they  declare  that  they  shall  with  all  expe- 


580 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1677.  dition,  address  themselves  to  his  Majcstie  for  releifc;  like- 
-^v-"^  wise  intimatinge  the  Gcnerall  Assembly  then  beinge  very 
near,  may  make  further  conclusion  for  that  purpose,  have- 
ingc  written  thereon  to  Connecticutt  Collony  and  received 
noe  satisfactory  answer,  doe  see  an  absolute  necessity  of 
furtheringe  the  said  aplycation  to  his  Majesty^  and  for 
that  one  end  and  purpose,  will  choose  two  Agents. 

Voted,  that  Captain  Pelcg  Sanford  and  Mr.  Richard 
Baily.are  desired  and  chosen  to  be  Agents  for  this  Col- 
lony to  goe  for  England,  and  they  have  in  this  Assembly 
accepted  thereof. 

Voted,  that  our  Agents  chosen,  Captain  Pelcg  San- 
ford and  Mr.  Richard  Baily  shall  upon  that  employ  have 
the  sum  of  two  hundred  and  fifty  pounds,  New  England 
money,  or  other  pay  equivalent,  for  their  present  supply, 
in  order  to  their  makeinge  address  in  behalfe  of  this  Col- 
lony, unto  his  Majesty,  and  that  for  the  future  this  Collony 
will  supply  and  assist  them  in  all  matters  requisite  in  that 
behalfe,  and  alsoe  repay  what  further  they  shall  disburse 
on  this  Collony's  account,  dureinge  the  time  of  their 
Agency. 

Voted,  this  Assembly  be  adjourned  untill  Monday  the 
eleventh  day  of  June  next,  eight  of  the  clock  in  the 
morneinge,  and  then  to  Assemble  againe  at  the  house  of 
Mr.  Robert  Carr. 

June  11th,  1677. 

Accordinge  to  the  aforesaid  adjournment,  the  Court 
called  and  sat. 

Voted,  Major  John  Cranston,  Mr.  James  Barker,  Mr. 
Thomas  Ward,  and  Lt.  Edward  Richmond,  are  desired* 
and  chosen  to  goe  to  such  persons  as  they  see  cause  in 
the  towne  of  Newport,  to  know  who  will  advance  mony 
for  the  Collony's  use,  in  sendinge  Agents  for  England,  to 
present  the  Collony's  greivances  there  unto  his  Majesty, 
against  the  intrutions  of  Connecticutt  Collony,  and  to 
credit  the  said  money  on  account  of  lands  in  the  Narra- 


AND  PROVIDENCE  PLANTATIONS. 


581 


gansett  country,  at  the  rate  of  twelve  pence  money  per.  1677. 
acre,  and  to  that  end  tenn  thousand  acres  shall  be  sett 
apart,  for  the  raiseinge  fiv.e  hundred  pounds. 

Alsoe,  Captain  Samuell  Wilbur  and  Captain  John  Albro 
are  desired  and  chossen  to  goe  to  such  persons  as  they  see 
cause,  in  the  towne  of  Portsmouth,  to  know  who  of  that 
Towne  will  advance  money  on  the  said  account,  and  make 
returne  to  this  Court  at  their  next  sittinge. 

Voted,  whereas  the  members  of  this  present  Assembly, 
or  many  of  them,  will  be  necessarily  absent  on  the  Court 
of  justices,  which  is  to  sitt  at  Narragansett,  the  15th  in- 
stant, and  the  time  of  their  returne  beinge  uncertain,  it  is 
therefore  enacted  by  this  Court  and  the  authority  thereof, 
that  this  present  Assembly  be  adjourned,  untill  the  Gov- 
ernorj  or  in  his  absence,  the  Deputy  Governor,  see  cause 
to  continue  the  same. 

June  20th,  1677. 

By  vertue  of  a  warrant  from  the  Governor,  the  Assem- 
bly being  convened  to  meet  at  the  house  of  Henry  Pal- 
mer, accordingly  mett  and  satt,  June  the  20th,  1677. 

Voted,  whereas  there  is  an  Indian,  called  Job,  who  was  " 
lately  taken,  being  a  common  enemy,  and  hath  done  seve- 
rall  robberys  in  the  Narragansett,  being  now  in  chains  in 
the  common  jail,  and  being  one  that  made  his  escape,  the 
Court  doe  order,  that  a  Court  Martiall  shall  forthwith  sitt, 
and  accordinge  to  Justice,  brings  the  said  Indian  to  Tryall. 

Voted,  that  the  Recorder  doe,  with  all  speed,  draw  up 
commissions  for  all  the  Millitary  Commanders  and  Com- 
missioned officers  in  this  Collony,  and  affix  the  seale  of  the 
Collony  thereto,  and  then  deliver  them  to  the  Governor 
for  confirmation  to  such  office. 

Voted,  that  all  the  transactions  of  the  Court  by  the 
Authority  of  this  Assembly,  sittinge  in  Narragansett,  be 
a  part  to  the  Publick  Records,  together  with  their  com- 
mission. 

Voted,  this  Assembly  is  adjourned  untill  Wednesday,  the 


582 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLANi), 


1G77.  15th  of  August  next,  or  rise  if  the  Governor  sec  cause,  to 
convene,  at  any  time  sooner,  and  to  meet  in  Newport,  at 
Mr.  Palmer's  house. 

Letter  from  Rhode  Island  to  Connecticut. 

Newport,  May  2,  1G77. 
Honored  Gentlemen :  We  are  informed  by  the  petition 
of  Thomas  Gouldy  James  Reynolds,  and  Henry  TibbiUs, 
who  are  freemen  and  inhabitants  of  this  jurisdiction,  that 
you  have  of  late,  by  force,  taken  them  from  their  habita- 
tions, and  extorted  bonds  from  them  by  which  they  stand 
obliged  to  appear  at  your  court,  on  the  10th  instant,  which 
we  resent  as  a  violation  of*the  Charter  granted  to  us  by 
his  Majestic  You  may  very  plainly  understand  both  by 
the  many  particulars,  which  you  have  formerly  received 
from  us,  and  by  the  letters  of  late  directed  unto  you  from 
hence,  and  you  may  assure  yourselves  our  resolution  is  to 
maintaine  our  right  of  government  in  the  Narragansett  and 
Nyantic  country,  or  King's  Province,  according  as  it  is 
granted  in  our  patent,  and  since  re-betrusted  unto  us  by 
his  Majestie's  Commissioners.  If  while  we  are  asserting 
hereof,  and  exercising  our  jurisdiction  accordingly,  you 
still  persist  in  interrupting  us,  by  disturbing  the  inhabi- 
tants with  your  illegall  and  forceable  intrusions,  we  shall 
be  necessitated,  without  further  delay,  to  represent  the 
sfate  of  the  difference  between  us,  unto  his  sacred  Majes- 
tie,  in  whose  determination  we  shall  acquiesce,  and  to 
whose  royal  command  we  shall  yield  obedience.  Gentle- 
men, you  have  herein  our  real  intentions,  which  we  hope 
you  will  receive  and  accept  as  coming  from  them,  your 
neighbors,  who  have,  with  very  great  rejoicing,  beheld  the 
happy  success  of  your  forces,  that  have  exercised  their 
just  arms  against  the  common  enemy,  and  have  been  sup- 
ported and  assisted  by  the  power  and  arm  of  the  Al- 
mighty, who  hath  appeared,  even  unto  admiration  in  be- 
half of  the  English  in  this  wilderness  ;  in  which  actions 
also  this  Collony,  (though  much  neglected  and  disregarded) 


AND  PROVIDENCE  PLANTATIONS. 


4 

583 


*have  afforded  such  assistance  as  could  rationally  be  ex-  1677. 
pected  from  soe  little  a  spot  of  land,  encompassed  with  see  v^~>^*- 
mauy  difficulties  and  disadvantages.    Thus  cravinge  an 
answer  hereto  with  as  much  speed  as  your  affairs  will  per- 
mit, we  remaine  your  lovinge  friends  and  neighbors. 

By  order  of  the  Generall  Assembly  of  His  Majestie's, 
Collony  of  Rhode  Island  and  Providence  Plantations, 

JOHN  SANFORD, 
Clerke  of  the  Assembly. 
These,  for  the  Honored  Governor  of  his  Majestie's  Col-r 
lony  of  Connecticutt  to  be  communicated  to  the  Gen- 
eral Court  of  that  Collony. 

Per  Mr.  JLREH  BULL. 
» 

Letter  from  Connecticut  to  Rhode  Island. 

Hartford,  May  10,  1677. 
Honored  Gentlemen  :  By  yours  of  May  2,  1677,  you  are  pleased  to  number 
us  with  your  many  exhibitions,  and  tax  us  with  violation  of  your  charter,  as 
you  call  it,  misinterpreting  our  loyall  proceedings  with  your  manner  of  force- 
able  taking  and  accounting  the  lands  which  soe  lie  within  the  known  and  un- 
doubted limits  of  our  Charter,  to  be  circumscribed  in  yours,  because  of  a  sir? 
ruptitious  procurement  of  a  grant  from  our  sovereigne,  upon  an  agreement  by 
your  agent  pretended  to  be  made  with  the  Honorable  John  Winthrop,  Esq., 
after  he  had  done  the  business  of  his  agency  for  this  Collony,  according  to  his 
commission  ;  also  the  tenor  of  that  pretended  agreement  (yourselves  refusing 
to  observe  the  same)  is  made  a  nullity,  and  may  well  be  esteemed  a  violation 
of  the  agreement  procured  by  and  upon  it.  If  so,  we  have  no  cause  to  believe 
that  your  pretended  non  obstante  will  be  countenanced  to  prejudice  our  pre- 
vious and  positive  firme  charter  of  so  just  a  Prince  ;  especially  when  the  later 
grounds  of  assuming  our  rights  (as  mar-ifested  in  our  reasonable  and  necessary 
declaration.)  are  cast  into  the  scale ;  and  fully  heard  and  considered,  we  shall 
acquiesce  in  his  Majestie's  determination.  But  in  the  meauwhile  we  shall  not 
recede  from  due  and  legall  prosecution  against  all  intruders  upon  the  Narra- 
gansett  country,  within  our  limits  aforesaid,  yet  shall  ever  be  ready  to  ac- 
knowledge anything  of  his  Majesties  just  propriety,  in  any  province  that  he  shall 
please  them  to  claime.  As  to  what  you  say  about  our  assistance  in  the  war, 
much  more  rationally  might  have  been  expected,  which  seems  to  have  been  by 
your  government  neglected.  We  have  no  more  to  add  but  our  respects  to 
you,  and  that  we  are,  Honored  Gentlemen,  your  affectionate  friends  and  neigh- 
bors. 

The  General  Court  of  Connecticut. 

J.  ALLYN,  Secretary. 
These,  for  the  Honored  Benedict  Arnold,  Esq.,  Governor  of  His  Majestie's 
Collony  of  Rhode  Island,  to  be  communicated  to  the  Hon.  General  As- 
sembly or  Council  of  the  Collony. 


» 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


Postscript — Gentlemen  :  Although  our  just  rights,  both  by  patent  and  con- 
quest may  extend  much  farther,  yet  our  readiness  to  an  amicable  and  neigh- 
borly complyance  is  such,  that  for  peace  sake,  we  may  content  ourselves  to 
take  toCowcsctt  be  the  boundary  betwixt  your  Collony  and  ours,  if  his  Maj- 
esty u please  to  indulge  us  therein,  and  yourselves  shall  speedilic  express  to  us 
your  desire  and  agreement  to  have  it  so. 


Proceedings  of  the  Generall  Assembly  of  the  Collony  of 
Rhode  Island  and  Providence  Plantations,  held  at  New- 
port, the  S\st  of  October,  1677. 

The  Governor,  Mr.  B  enedict  Arnold,  chosen  Moderator. 

John  Sanford,  chosen  Clerk.  ^ 

The  Charter,  according  to  former  order,  read. 

Voted,  whereas,  a  law  was  made  at  a  General  Assem- 
bly held  October  30,  1672,  requiring  the  several  Deputies 
chosen  for  the  respective  townes,  to  engage  for  the  faith- 
ful discharge  of  their  said  trust  in  them  reposed,  which 
said  law  hath  occasioned  many  disputes  to  the  great  re- 
tardinge  of  the  publick  concernes,  and  deprivinge  some 
townes  of  havinge  their  deputies  admitted  into  the  Gen? 
erall  Assembly,  though  fitly  qualifyed  and  chosen  accord- 
inge  to  the  Charter  :  Be  it  therefore  enacted  by  the 
present  Assembly  and  the  authority  thereof,  that  the  said 
law  of  the  30th  October,  1G72,  be,  and  is  hereby  repealed 
and  declared  to  be  null  and  voyd  ;  and  that  for  the  future 
all  persons  who  are  freemen  of  this  Collony,  and  accord- 
ingly have  engaged  true  and  faithfull  allegiance  to  our 
sovereigne  lord  the  King,  and  his  heirs  and  successors, 
and  fidelity  to  this  jurisdiction,  and  are  chosen  by  the  re- 
spective townes  for  their  deputies  in  the  Generall  Assem- 
bly, from  time  to  time  and  all  times  hereafter,  accordinge 
to  the  Charter,  shall  be  admitted  to  sit  and  transact  in  such 
Generall  Assembly,  without  takinge  or  subscribinge  any 
other  engagement  whatever. 


AM)  PROVIDENCE  PLANTATION'S. 


585 


Voted,  that  this  Assembly  takinge  iuto  consideration  the  1677. 
laws  made  in  May,  1677,  for  the  maintaining^  and  up-s-^~v-^- 
holdinge  the  millitary  forces  in  this  Collony,  and  findinge 
some  inconveniences  in  the  times  appointed  for  trayneinge 
and  exercisinge  all  the  souldiers  in  each  towne  or  village, 
in  the  months  of  September,  October  and  November,  doe 
order,  enacte  and  ordaine  that  the  traininge  day  of  the 
said  months  shall  be  held  for  the  future  the  first  Monday 
of  each  of  the  said  respective  months,  for  every  towne  or 
place,  Newport  only  excepted,  whose  traininge  days  shall 
be  held  on  the  second  Monday  of  each  of  the  months 
aforesaid  ;  the  traininge  day  in  the  spring  beinge  the  same 
as  formerly.  And  further  we  order  that  all  fines  and  for- 
feitures be  duly  taken  for  these  days  prefixed  accordinge 
to  the  law  provided  for  fines. 

Voted,  that  this  Assembly  takinge  into  serious  consid- 
eration the  laws  made  in  May,  1677,  doe  ordaine  that  all 
these  laws,  both  published  and  unpublished,  shall  remaine 
and  be  in  force,  except  the  clause  or  clauses  of  the  law 
for  traininge  in  the  months  of  September,  October  and  No- 
vember, which  days  are  altered  by  this  Assembly. 

Voted,  whereas  for  divers  years  past,  the  accounts  be- 
tweene  the  Collony  and  Mr.  Peter  Easton,  late  Generall 
Treasurer,  have  not  been  so  fully  stated  that  it  may  ap- 
peare  how  much  the  Collony  is  indebted  ;  and  whereas, 
also,  there  are  sundry  persons  who  claime  debts  from  the 
Collony  :  Be  it  therefore  enacted  by  this  present  Assem- 
bly and  the  authority  thereof,  that  Maj.  John  Cranston, 
Deputy  Governor,  Capt.  Peleg  Sanford,  Mr.  Samuel  Gor- 
ton, Thomas  Ward  and  Richard  Baily,  members  of  this 
Assembly,  and  Miles  Forster  and  Walter  Newbmy,  mer- 
chants, or  the  major  part  of  them,  be,  and  they  are  here- 
by empowered  to  be  an  audit  committee,  to  recpiire  and 
receive  the  accounts  of  the  said  Treasurer  ;  and  upon  per- 
fecting thereof,  to  give  the  said  Treasurer  a  full  and  ab- 
solute discharge  ;  and  the  said  persons,  or  the  major  part 
of  them,  shall  meet  at  the  house  of  Henry  Palmer,  in 

vol.  it.  74 


58G 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  Newport,  on  the  third  Monday  in  December  next,  and 
-f-v~^  from  time  to  time  after  as  they  shall  appoint.  And  fur- 
ther, it  is  hereby  enacted  and  declared,  that  the  said  com- 
mittee, or  any  four  of  them,  have  full  power  to  give  public 
notice  of  their  said  meetings,  unto  all  persons  concerned, 
that  soe  any  who  claime  any  debt  or  debts  from  this  Col- 
lony,  may  produce  their  bills,  which  beinge  seen  and  al- 
lowed, shall  be  a  sufficient  warrant  unto  the  Generall 
Treasurer  to  discharge  said  debts.  And  it  is  further  enact- 
ed that  said  audit  shall  also  have  power  to  publish  under 
their  hands  and  seales  a  general  aecount  of  all  that  they 
shall  finde  due  to  and  from  the  Collony,  together  with  the 
names  of  the  persons,  and  the  time  when,  and  the  occa- 
sions by  which  the  Collony  became  so  indebted. 

Voted,  that  whereas  a  Court  Martial  was  held  at  New- 
port,  the  23d  of  August,  1676,  for  the  tryal  of  four  In- 
dians, who,  accordinge  to  the  sentence  of  the  said  Court, 
were  executed  ;  and  the  writings  belonginge  to  the  said 
Court  beinge  in  the  custody  of  Lieut.  Edward  Richmond, 
who  was  then  clerk  of  the  said  Court,  this  Assembly  doe 
order  that  the  said  Richmond  shall,  within  ten  days  after 
the  dissolution  of  this  Assembly,  deliver  all  such  papers 
and  writings  as  are  in  his  custody,  relatinge  to  said  Court, 
Martiall,  unto  the  Secretary,  Mr.  Richard  Bayly,  who 
hath  full  power  to  give  the  said  Richmond  a  full  discharge 
for  what  he  receiveth  ;  and  the  said  Secretary  is  to  record 
said  writings  in  the  book  of  the  Generall  Councill  of  the 
Collony. 

Yoted,  whereas  in  the  time  of  the  late  rebellion  and 
wars  with  the  Indians,  the  Generall  Assembly  sitting  in 
March,  1675-6,  did  see  the  necessity  of  affairs  as  calling 
for  it,  to  order  and  appoint  that  there  should  be  one  Ma- 
jor, who  should  have  power  and  authority  to  conduct  all 
the  millitary  affaires  of  this  Collony,  in  the  place  and  of- 
fice of  a  Major.  And  this  Assembly  further  takinge  into 
consideration,  that  the  interest  of  his  Majesty  and  the  pre- 
servation of  his  subjects  in  thus  jurisdiction  (under  God), 


AND  PROVIDENCE  PLANTATIONS.  58? 

♦ 

are  preserved  by  the  millitary  forces  from  invasion  and  1677. 
ruin,  doe  enact ^.nd  ordaine,  and  by  the  authority  therof  v^-v-*^ 
declare,  that  there  shall  be  elected  and  chosen  yearly,  at 
the  generall  court  of  election  held  on  the  first  Monday  in 
May,  one  Major,  who  shall  have  power  to  command  all 
inferior  millitary  officers  in  this  his  Majesty's  Collony,  ac- 
cordinge  to  his  commission  in  that  respect :  and  further, 
doe  ordaine  and  appoint  that  the  choosing  and  electinge 
the  said  Major  shall  be  in  manner  and  forme  hereafter  ap- 
pointed, that  is  to  say  :  every  soldier  listed  and  appear- 
inge  in  armes  on  the  traininge  day  in  March,  appointed 
by  law  in  his  or  their  respective  towne  or  place  in  the 
Collony,  shall  have  free  liberty  to  vote  in  writinge  for  one 
person  to  be  Major  for  the  ensuinge  year  ;  and  that  every 
person  soe  votinge,  shall  deliver  his  vote  unto  the  Clerke 
of  the  Board  for  the  towne  or  place  to  which  he  or  they 
shall  belong,  or  some  other  person  appointed  by  the  chief 
officer  there,  which  said  votes  shall  forthwith  be  sealed  up, 
and  he  shall  deliver  them  to  some  one  magistrate  or  deputy 
chosen  to  sit  in  the  next  Assembly,  to  be  presented  by 
them  unto  the  Governor  or  Deputy  Governor,  as  other 
votes  for  the  Collony  are,  and  the  person  that  hath  the 
most  votes,  shall  be  deemed  and  taken  to  be  the  person 
elected  to  the  office  of  Major  for  the  ensuinge  year,  any 
act,  or  clause  in  any  vote  to  the  contrary  notwithstandinge. 

Voted,  whereas  at  the  General  Assembly  held  for  the 
Collony,  at  Newport,  in  May  last,  it  was  ordered  that  a 
certaine  tract  of  land  in  some  convenient  place  in  the 
Narragansett  country  shall  be  laid  forth  into  hundred  acre 
shares  with  the  house  lots,  for  the  accommodatinge  of  soe 
many  of  the  iuhabitants  of  this  Collony  as  stand  in  need 
of  land,  and  the  Generall  Assembly  shall  judge  fit  to  be' 
supplyed.  In  pursuance  of  said  act  of  the  Generall  As- 
sembly this  present  court  doe  enact  and  declare  that  the 
said  tract  of  land  be  forthwith  layd  forth  to  containe  five 
thousand  acres,  which  shall  be  divided  as  followeth  :  five 
hundred  acres  to  be  laid  in  some  place  neare  the  sea,  and 


588 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.  as  commodious  as  may  be  for  a  townc,  which  said  five 
-^-v-^  hundred  acres  shall  be  divided  into  fifty  house  lots,  and 
the  remainder  of  said  five  thousand  acres,  beinge  four 
thousand  five  hundred  acres,  shall  be  divided  into  fifty 
equal  shares  or  great  divisions  ;  and  that  each  person  here- 
after named  and  admitted  by  this  Assembly  to  have  land 
in  the  said  tract,  shall  have  and  enjoy  to  him  and  his 
hcires  and  assigns  forever,  in  manner  and  forme,  and  un- 
der the  conditions  and  limitations  hereinafter  expressed, 
one  of  the  said  house  lots  and  one  great  division,  contain- 
ing in  the  whole  one  hundred  acres. 

And  further  this  Assembly  do  enact,  order  and  declare, 
that  the  persons  before  named,  that  is  to  say,  John  Spen- 
cer, Thomas  Nicolls,  Senr.,  Clement  Weaver,  Henry 
Brightman,  George  Vaughan,  John  Weaver,  Charles  Ma- 
carty,  Thomas  Wood,  Thomas  Frye,  Benjamin  Griffin, 
Daniel  Vaughan,  Thomas  Dungin,  John  Pearce  Mason, 
Stephen  Peckham,  John  Crandall,  Henry  Lilly,  John  Al- 
bro,  Jun.,  Samuel  Albro,  Philip  Long,  Richard  Knight, 
John  Peckham,  Thomas  Peckham,  William  Clarke,  Ed- 
ward Lay,  Edward  Richmond,  Edmund  Calverly,  John 
Heath,  Robert  Havens,  John  Strainge,  Jun.,  John  Park- 
er, George  Browne,  Richard  Barnes,  Samson  Balloo,  Jon- 
athan Devell,  Benjamin  Mowry,  Joseph  Mowry,  William 
Wilbore,  Jun.,  Gyles  Pearce,  James  Batty,  John  Rem- 
ington, Benjamin  Gorton,  Henry  Dyre,  John  Knowles, 
Stephen  Arnold,  Jun.,  William  Hawkins,  John  Sanford, 
John  Gorton,  and  John  Houlden,  are  the  persons  unto 
whom  the  said  tract  of  land  is  granted,  and  who  shall 
possess  and  enjoy  the  same,  their  heires  and  assigns,  ac- 
cordinge  to  the  true  intent  and  meaninge  of  this  present 
grant.  And  to  the  end  that  the  said  persons  and  their 
successors,  the  proprietors  of  the  said  land  from  time  to 
time  may  be  in  the  better  capacity  to  manage  their  public 
affaires,  this  Assembly  doe  enact  and  declare  that  the  said 
plantation  shall  be  a  towne,  by  the  name  and  title  of  East 
Greenwich,  in  his  Majesty's  Collony  of  Rhode  Island  and 


AND  PROVIDENCE  PLANTATIONS. 


5*8£? 


Providence  Plantations,  with  all  rights,  libertys,  and  pri-  1677. 
viledges  whatsoever  unto  a  towne  appertaininge  ;  and^-»~v-*» 
that  the  said  persons  above  mentioned,  unto  whom  the  said 
grant  is  made,  are  by  this  present  Assembly  and  the  au- 
thority thereof,  made  and  admitted  the  freemen  of  the  said 
towne,  and  they,  or  soe  many  of  them  as  shall  be  then 
present,  not  being  fewer  than  twelve  on  the  said  land,  are 
required  and  emuDwerecl  to  meet  together  upon  the  second 
Wednesday  in  April  next,  and  constitute  a  towne  meet- 
inge,  by  electinge  a  Moderator,  a  Town  Clerke,  with  such 
constables  as  to  them  shall  seem  requisite  ;  and  alsoe  to 
choose  two  persons  their  Deputys  to  sitt  in  General  As- 
sembly, and  two  persons,  one  to  serve  on  the  Grand  Jury, 
and  one  on  the  jury  of  tryalls,  in  the  Generall  Court  of 
Tryalls,  and  soe  the  like  number  and  for  the  said  services 
at  the  said  Court  from  time  to  time.  And  to  the  end  that 
the  said  plantation  may  be  speedily  settled  and  improved 
accordinge  to  the  end  of  this  present  court  in  the  granting 
thereef :  be  it  enacted  and  ordained,  that  each  person 
mentioned  in  this  present  grant,  shall,  within  one  year 
after  the  publication  thereof  make  a  settlement  on  his 
house  lott,  by  building  a  house  fit  and  suitable  for  habita- 
tion ;  and  in  case  any  person  who  hath  any  of  the  said 
house  lotts  shall  neglect  or  refuse  by  himselfe  or  his  as- 
signee to  build  accordingly,  he  shall  forfeit  both  the  house 
lott  and  greater  division,  to  be  disposed  by  any  succeedinge 
Generall  Assembly  as  they  shall  see  cause. 

And  further  this  Assembly  doe  enact  and  declare,  that 
if  any  person  unto  whom  the  said  land  is  granted,  by  this 
present  act,  shall  at  any  time  within  one  and  twenty  years 
after  the  date  hereof,  sell,  grant,  make  over  or  otherwise 
dispose  of  any  of  the  land  or  lands  hereby  granted  unto 
him,  unto  any  other  person  interested  in  the  said  planta- 
tion, that  then  the  said  person  or  persons  soe  sellinge,  or 
any  other  person  or  persons  whatsoever,  without  liberty 
had  and  obtained  from  the  Generall  Assembly,  that  then 
the  said  person  or  persons  so  sellinge  or  disposinge  of  the 


690  RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 

1G77.  land,  shall  lose  all  other  lands  whatever  that  he  ispossess- 
va^-v-^  ed  of  in  the  said  plantation,  and  also  the  lands  soe  disposed 
of  to  be  and  remaine  to  this  Collony,  anything  to  the  con* 
trary  thereof  in  this  present  act  declared  notwithstandinge. 

And  further  it  is  enacted  and  declared  by  this  Assembly 
and  the  authority  thereof,  that  the  freemen  of  the  said 
towne  shall  make  and  lay  out  convenient  highways  from 
the  Bay  up  into  the  country,  throughoutlhe  whole  towne- 
ship,  as  shall  be  convenient  for  the  settlement  of  the  coun- 
try above  and  about  the  said  towneship. 

Voted,  that  the  Deputy  Governor,  late  president  of  the 
aforementioned  Court  Martiall,  shall  from  the  Secretary, 
Mr.  Richard  Bayly,  have  a  coppy  of  those  writings,  to  the 
Tryall  of  the  Indians,  &c,  on  the  Collony's  charge. 

Voted,  whereas  by  reason  of  divers  sorts  of  pay  in  the 
Collony,  passing  betweene  the  inhabitants  thereof,  and 
one  and  the  same  commodity  at  more  than  one  price,  there 
hath  risen  some  disputes  about  the  payment  of  cer- 
taine  publick  officers,  and  others  who  have  their  fees  stat- 
ed in  a  table  of  fees  and  allowed  by  law,  for  prevention 
of  which  for  the  future,  this  Assembly  have  ordained,  and 
by  the  authority  thereof  be  it  enacted,  ordained  and  de- 
clared, that  from  and  after  the  publication  hereof,  every 
public  officer  hereafter  nominated,  elected  and  chosen,  to 
the  place  and  office  of  Generall  Recorder,  Generall  Ser- 
geant, Generall  Treasurer,  Generall  Atorney  and  Generall 
Solicitor,  or  that  now  are  in  the  places  and  offices  afore- 
said, shall  have  and  take  for  and  in  the  performance  of  his 
or  their  said  offices  and  places,  but  two-third  part  of  the 
antient  fees,  allowed  in  the  table  of  fees,  in  money  or  other 
pay,  as  it  is  fully  sold  for  money. 

And  further,  it  is  by  this  Assembly  enacted  and  de- 
clared, that  in  every  actionall  cause  brought  to  tryall  in 
the  Generall  Court  of  Tryalls,  and  committed  to  a  jury  for 
them  to  bring  in  their  verdict  thereon,  the  juriors  shall  have 
twelve  shillings  in  money  for  their  service. 

Be  it  further  enacted  and  declared,  by  this  Assembly 


AND  PROVIDENCE  PLANTATIONS.  591 

and  the  authority  thereof,  that  every  Atorney  or  Coun-  1677. 
sellor  that  shall  draw  up  and  declaration  or  other  writings,  ^^-^ 
or  pleading  at  the  barr,  shall  have  but  two  third  part  of 
his  or  their  antient  fees,  allowed  by  the  table  of  fees  afore- 
said, to  be  payd  to  him  or  them  employed  in  that  service, 
in  money  or  other  pay  as  aforesaid,  and  this  act  to  stand 
and  be  in  force  any  former  law  or  laws  to  the  contrary 
notwithstandinge. 

Voted,  that  Capt'n  Fenner  or  his  order  shall  have  one 
barrill  of  that  powder  now  in  the  Commissary,  Mr.  Wil* 
liam  Brinly's  custody,  and  the  same  he  is  to  have  in  part 
of  pay  for  the  charge  of  the  garrison,  called  the  King's 
Garrison,  at  Providence.  And  if  lead  bullitts  or  shott  be 
in  the  Collony's  store,  the  said  Capt'n  Fenner  or  order 
shall  have  on  the  same  account  not  exceedinge  one  hun- 
dred weight,  and  on  order  from  the  Clerke  of  this  Assem- 
bly, unto  Mr.  Stephen  Arnold,  or  whoever  shall  order,  shall 
be  a  sufficient  discharge  to  the  said  Mr.  William  Brinly 
for  what  he  soe  delivereth. 

Voted,  that  the  Clerke  of  this  Assembly,  whoe  alsoe 
was  the  Clerke  of  the  Assembly  in  May  last,  shall  for  re^ 
cordinge  the  said  two  Assembly's  acts,  and  for  coppys  un- 
der the  seale  of  the  Collony  to  the  four  townes,  Newport, 
Providence,  Portsmouth  and  Warwicke,  for  which  he  shall 
receive  in  money,  or  equivalent,  the  sum  of  four  pounds, 
viz  :  the  towne  of  Newport  shall  pay  thirty-five  shillings, 
the  towne  of  Portsmouth  thirty-five  shillings,  the  towne 
of  Providence  five  shillings,  the  towne  of  Warwick  five 
shillings,  and  the  said  coppys  shall  be  ready  to  be  delivered 
unto  each  towne  within  thirty  days  after  the  dissolution 
of  this  Assembly. 

Voted,  that  the  Eecorder  shall  within  two  months  after 
this  present  sittinge  of  this  Assembly,  issue  out  unto  the 
Major  and  each  Captain  in  this  Collony,  true  coppys  of 
all  the  laws  made  and  enacted  in  this  Assembly  of  May 
last,  and  of  this  Assembly,  relatinge  to  the  millitary  af- 
faires. 


692 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1G77.      Voted,  November  8th,  this  Assembly  is  dissolved. 

"Whereas,  there  is  a  very  great  necessity  for  providinge 
some  speedy  remedy  for  sctling  the  Narragansctt  country, 
or  King's  Province,  from  the  injurious  and  illegall  actings 
of  some  of  Connecticutt  Collony.  It  is  therefore  ordained 
and  enacted  by  this  Assembly  and  the  authority  thereof, 
that  there  be  a  Court  of  Justices  of  the  Peace,  consisting 
of  the  Deputy  Governor,  and  six.  of  the  Assistants  at  least, 
to  be  held  at  such  place  or  places  in  the  King's  Province, 
in  Narragansett,  as  they  shall  see  cause  ;  and  what  the 
said  Court  shall  see  cause  to  inquire  into,  for  the  setling 
of  the  inhabitants,  and  such  others  as  are  by  this  Assembly 
admitted  ;  and  to  apply  such  suitable  remedyes  as  to  them 
shall  seem  most  convenient  for  setling  the  inhabitants  in 
peace  and  quietness  ;  for  doeinge  and  performinge  thereof 
the  persons  hereafter  named  are  invested  with  the  full 
power  of  this  Assembly,  to  doe  any  act  or  acts,  which 
they  shall  judge  most  convenient  to  be  done  or  executed. 
And  for  the  better  goeing  on  and  attendance  on  the  said 
Court,  it  is  hereby  ordered  that  the  severall  officers  soe 
empowered  on  the  said  Court,  are  Mr.  Richard  Bailey, 
Secretary,  Thomas  Frye,  Generall  Sargeant ;  and  it  is 
alsoe  enacted  by  this  Assembly  and  the  authority  thereof, 
that  Major  John  Cranston,  Deputy  Governor,  Mr.  James 
Barker,  Capt.  Peleg  Sanford,  Mr.  Joseph  Clarke,  Capt'n 
Samuell  Wildbore,  Capt'n  John  Albro,  Capt'n  John 
Greene  and  Mr.  Samuell  Gorton,  Assistants,  or  any  seven 
of  them,  of  which  the  said  Deputy  Governor  alwaies  to  be 
one,  are  the  persons  appointed  and  authorized  to  hold  the 
said  Court,  on  the  15th  instant,  and  at  such  other  times 
as  to  them  shall  seem  convenient  for  doeinge,  whereof  and 
of  all  things  they  shall  judge  requisitt  for  preservation  of 
his  Majestie's  interest,  and  vindication  of  the  jurisdiction 
of  this  Collony,  in  the  said  Narragansett  or  King's  Pro- 
vince, as  it  is  granted  unto,  and  betrusted  with  us,  both 
by  his  Majestie's  Gracious  Charter,  and  the  act  of  his 


AND  PROVIDENCE  PLANTATIONS. 


593 


Majestie's  Commissioners,  this  order  or  a  transcript  there-  1677. 
of,  under  the  seale  of  the  Collony,  shall  bee  their  suf- 
fitient  warrant  and  discharge.  And  ordered  that  the 
Recorder  and  Mr.  Edmund  Calverly,  by  this  Assembly  ap- 
pointed Constables  to  atend  this  Court  aforesaid,  bee  alsoe 
at  the  said  Court  in  Narragansett. 

Given  and  signed  by  order  of  the  Generall  Assembly, 
sittinge  at  Newport,  the  2d  of  May,  1G77. 

JOHX  SAXFORD, 
Clerke  of  the  Assembly.  ' 

At  a  Court  of  election  held  at  Hartford,  May  10,  1677,  upon  the  motion 
of  Mr.  John  SafiFen,  in  behalfe  of  sundry  gentlemen,  doe  assert  they  have  right 
in  the  Xarragansett  country. 

1.  This  Court  declares  that  they  will  endeavour  the  settlement  of  the  sayd 
land  in  the  Xarragansett  country,  in  such  a  way  and  manner  as  may  conduce 
to  the  honour  of  God,  and  the  public  interest  of  the  Collony  and  those  con- 
cerned therein. 

2.  This  Court  doth  nominate  and  appoynt  Major  John  Tallcott,  Capt'n 
Robert  Chapman,  Gent.  Thomas  Tracy,  Gent.  Thomas  Minor  and  Mr.  John 
Barker,  together  with  any  two  that  shall  be  appoynted  by  Mr.  John  Saffen 
and  Company,  if  they  please  to  be  present  at  Mr.  Bull  s  in  the  Xarracransett 
country,  upon  the  11th  of  June  next,  to  take  a  view  of  the  said  country,  and 
consider  what  places  may  be  fitt  for  plantations,  and  what  inhabitants  each 
plantation  may  contayne,  and  what  bonnds  will  be  meet  to  allow  each  planta- 
tion, and  also  what  other  lands  may  be  fit  for  farmes,  and  to  committ  the 
same  to  writeing  and  makereturne  thereof  to  the  Court,  in  October  next :  but 
if  the  sayd  Bay  gentlemen- come  not,  or  doe  not  agree  with  them,  they  may 
proceed  without  them,  and  the  major  part  are  to  doe  therein,  and  make  re- 
turne  to  this  Court. 

All  such  as  desire  to  plant  themselves  in  such  places  as  shall  be  judged 
fit  for  plantations  in  the  country  aforesayd,  (being  persons  of  good  conversa- 
tion) they  shall  readily  be  entertained  and  incouraged  by  this  Court  there 
orderly. 

4.  And  for  tho:e  lands  that  have  been  allready  regularly  possest  and  layd 
out  to  the  inhabitants  and  planters  of  Wickford.  or  places  adjacent,  this  Court 
doe  grant  liberty  to  such  inhabitants  and  proprietors  aforesaid,  to  repossesse 
themselves  of  their  just  propriety,  provided  they  doe  submit  t  themselves  io 
this  government  and  send  up  their  names  to  the  Secretary  within  two  months 
after  this  Court,  and  doe  express  their  willingness  to  be  regulated  so  as  may 
best  advantage  the  generall  safety  and  comforts  of  the  inhabitants,  which  is 
recommended  to  and  expected  from  all  such  as  clayme  great  portions  of  land 
near  the  center  of  any  township,  for  tnem  to  contrive  and  see  done,  which 
may  be  by  way  of  sale  or  exchange  of  lands  with  others  for  some  more  remote, 
or  to  settle  dwellers  of  theire  owne  suitably  for  cohabitation  aforesayd. 

5.  Another  Committee  is  also  appoynted  by  this  Court,  impowered  and 

VOL.  H,  75 


RECORDS  <>F  THE  COLONY  OF  RHODE  ISLAND, 


read;  to  t rente  wiih  (be  gentlemen  belonging  to.the  mortgage,  and  to  agree  wild 
tlieui  fur  reasonable-  compensation,  either  in  land  or  otherwise,  as  may  arise 
from  the  improvement,  and  to  take  in  all  deeds  and  evidences,  which  arc  with 
them  for  the  sayd  lands  so  that  righteousness,  love  aud  peace  may  be  continued 
betwixl  us  and  them.  Which  Committee  is  the  Governor  and  Assistants,  whoe 
may  prepare  matters  for  an  issue,  but  not  fully  conclude  without  farther  order 
from  the  Senerall  Court.' 


Letter  from  Rhode  Island  to  Connecticut. 

Honored  Gentlemen  :  Were  it  not  that  we  feare  you 
would  misinfcerprett  our  .proceedings,  as  you  doe  our  Char- 
ter, and  hereafter  condenine  us  as  if  actinge  in  a  clandes- 
tine manner,  wee  had  neither  given  you  the  trouble  of 
peruseing,  nor  ourselves  the  charge  of  conveyinge  these 
few  lines  ;  and  since  soe  it  is,  that  all  our  just  desires  for 
a  peaceable  enjoyment  of  what  his  Majesty  hath  so  gra- 
ciously bestowed  on  us  cannot  prevaile  with  you  to  desist 
from  attemptinge  to  eject  us  out  of  it.  We  have  noe  way 
left  for  our  safety  and  indemnity,  but  with  all  possible 
diligence,  to  attend  the  peopling  and  improveinge  of  the 
Narragansett  country  and  King's  Province,  and  the  due 
administration  of  justice  there,  in  which  if  either  our- 
selves, or  those  empowered  and  betrusted  by  us,  shall  be 
disturbed,  wee  shall  attend  the  order  prescribed  by  our 
sovereigne  in  our  pattent,  in  order  to  prevent  the  evill 
eonserpiences  that  otherwise  may  ensue,  by  a  forceable 
manageinge  of  that  contest  to  which  you  seeme  very  much 
inclined,  and  which  wee  are  soe  unfeignedly  desirous  to 
prevent,  that  if  you  would  accept  of  the  one-halfe  of  all 
the  land  in  the  tract  abovesaid,  yet  unpurchased,  we 
should  not  much  scruple  to  surrender  it  to  bee  at  your  dis- 
posal; provided  it  may  be  inhabited  by  such  persons  as 
shall  faithfully  submitt  to  this  his  Majesty's  authority  in 
this  jurisdiction.  We  have  made  this  tender  out  of  that 
respect  we  beare  unto  the  country  in  generall,  and  unto 


AND  PROVIDENCE  PLANTATIONS. 


yourselves  in  particular,  as  beinge  and  earnestly  tlesireinge 
alwayes  to  bee,  Honored  Gentlemen, 

Your  very  affectionate  friends  and  neighbours. 
Sigued  by  order  of  the  Generall  Assembly  of  his  Maj- 
estie's  Collony  of  Rhode  Island  and  Providence  Planta- 
tions, sittinge  at  Newport,  the  24th  of  May,  1G77. 

JOHN  SANFORD, 
Clerke  of  the  Assembly. 
Postscript. — Gentlemen  :  The  lands  unpurchased  wee 
conclude  are  a  very  .considerable  part  of  the  country,  for 
as  for  that  chimera  of  a  mortgage,  it  hath  been  long  since 
disallowed  by  his  Majesty's  Honorable  Commissioners,  as 
beinge  not  only  inconsistent  with  principles  of  justice  and 
common  honesty,  but  alsoe  directly  repugnant  to  the  sub- 
mission of  those  lands  unto  his  Majesty,  by  the  same  In- 
dians (from  who  me  it  is  pretended),  long  before. 

JOHN  SANFORD. 
Clerke  of  the  Assembly. 
To  the  Honored  William  Leete,  Esq.,  Governor  of 
his  Majesty's  Collony  of  Connecticut,  to  be  commu- 
nicated to  the  Generall  or  Councill  of  that  Collony, 
these  with  care  delivered. 

Per  Mr.  JOHN  HOLT. 

The  Report  of  a  Committee  relative  to  Lands  in  Narragan- 

sett. 

June  16,  1677. 

According  to  order  of  the  Generall  Court,  we  the  subscribers,  made  our  way 
into  the  Xarragansett  country,  on  the  eleventh  of  the  same  instant,  1677.!  and 
have  taken  a  view  of  that  part  of  the  country,  as  time  would  permit;  and  shall 
present  this^  our  return,  for  a  more  particular  satisfaction  of  this  Honoured 
General  Assembly. 

Mr.  P'os.  From  Quantacuntauge,  allias  Mr.  Thomas  Stanton,  Sen'r,  his 
fa^me  west  to  Poynt  Judah,  and  to  the  river  called  by  the  Indians,  Massagag- 
tuckuck,  in  the  common  road,  as  the  passage  runs  towards  Mr.  Jeremiah  Bull's 
east,  and  down  to  the  sea  south,  and  into  the  woods  north,  to  the  north  end  of 
the  great  pond  called  Quebaquage",  we  esteem  the  land  to  be  very  good,  and 
suiting  for  husbandry,  both  for  corn-grass,  and  a  sufficiency  for  entertaining 
two  plantations,  one  hundred  familyes  at  least  for  a  plantation. 

2.  From  Massagatuckuck  at  the  sayd  common  road  west,  and  to  the  mill 
pond  at  Petaquamscutt  east,  and  all  Poynt  Judah,  upon  the  sea  south,  and 


596 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


1677.  "lto  tnc  w00l1s  OOrtherly  or  northwest,  from  the  east  or  soutlieast  side  of  Pc 
laquamscutt  Jliil  three  miles,  upon  our  best  estimation,  we  jud<re  there  is  a 
sufficiency  of  good  land  to  accommodate  one  hundred  familyes,  and  for  those 
three  l'< 'munitioned  tracts  of  land,  are  harbours  for  small  craft  to  enter  upon 

the  mayne. 

3.  From  the  foresayd  mill  pond  at  Petaquamscutt  westerly,  takeing  in  all 
Boston  Neck,  and  to  the  brook  by  Capt.  William  IIudson*s  house  east,  and 
all  the  land  belonging  to  his  house  lott,  we  conclude  is  fully  suited  with  good 
land  both  for  corn  and  grass,  to  accommodate  one  hundred  familyes  at  least, 
to  run  northerly  to  Sugar  Loaf  Hill. 

4.  From  Boston  Neck,  and  the  brook  by  Capt.  Hudson's  house  on  the  west 
to  Aqueednesit  mill  brook,  to  the  place  where  the  mill  doth  stand,  that  belong- 
eth  to  one  Swct,  northeast,  or  east  of  the  north,  and  on  the  sea  southeast,  and 
from  thence  into  the  woods  northwest,  or  bearing  to  the  north,  up  to  thc- 
great  playne,  all  which  we  have  viewed,  and  conceive  there  is  good  land  enough 
to  give  entertaynement  to  four  score  familyes  ;  this  place  being  suited  with 
sundry  places  for  harbours. 

•  5.  From  the  former  place  and  tract  of  land,  up  to  the  old  Sunk  Squas  land, 

with  a  playne  adjacent  taken  in  with  it,  we  aprrehend  will  suit  one  hundred 
familyes  at  least,  with  good  land,  being  scituate  within  three  miles  of  a  har- 
bour. 

6.  Allsoe,  we  have  taken  a  survey  of  a  place  called  (by  the  Indians)  Chip- 
pachoog,  in  which  tract  of  land  are  meadows  lying  in  two  places,  one  being  a 
boggy  mead,  by  which  are  scverall  playnes  of  very  good  land  for  corn,  which 
place  will  give  entertaynment  sufficient  to  six  score  familyes  at  least ;  the  said 
tract  of  land  lying  southwest  from  the  Sunk  Squas  plantation,  being  about 
eight  miles  from  the'Tiarhor,  at  Capt.  Hudson's  house,  that  land  being  bound- 
ed by  a  great  pond,  called  Acqueebapaguck,  on  the  west,  and  on  the  North- 
ernmost branch  .of  a  river  called  (by  the  Indians)  Shannuck,  and  by  the  Eng- 
lish, Paugatuck. 

T.  Allsoe,  we  apprehend,  that  on  the  west  side  of  Shannuck,  alias  Pauga- 
tuck river,  being  scituate  on  the  west  of  the  foresayd  Chippachoog,  there  is 
sufficient  land,  both  meadow  and  upland,  to  accommodate  four  score  familyes 

at  least. 

We  have  received  information  from  creditable  persons,  (whom  we  presume 
arc  well  acquainted  with  the  state  of  the  Narragansett  affayres),  who  say  that 
there  are  sundry  purchasers,  viz  :  Capt.  Samuel  Wilbor,  Mr.  John  Porter, 
Mr.  Samuel  Willson,  Mr.  John  Hull,  Mr.  Thomas  Mumford,  Mr.  William 
Brenton,-Mr.  Benedict  Arnold,  Sen'r,  that  have  purchased  about  fourteen 
miles  from  Poynt  Judah  northward,  and  fifteen  miles  from  thence  west.  In 
the  foresayd  tracts  of  land  we  find  noe  place  for  settling  of  farmers,  but  will 
prove  very  prejudicial]  to  the  plantations  that  may  be  layd  out. 

We  are  allsoe  informed  by  Petaquamscutt  men,  that  Boston  Neck  is  allready 


taken  up  by  sundry  persons,  namely  : 

By  Capt  Willyt,          .  .                   •  660 

By  Mr.  Boston  &  Payne,  .          .  660 

By  Capt.  Hutchinson,  ...  760 

By  Capt.  Hudson,            .  •          •  .670 

By  Major  Atherton,  .          .  660 


AND  PROVIDENCE  PLANTATIONS. 


597 


By  Mr.  Smith,  Sen.,  .  .660  1677. 

By  Mr.  Smith,  Jan.,  ...  660  v^-v-^/ 

By  Major  Winthrop,         ....  6C6 

5380 

Seven  of  those  eight  purchasers  have  five  hundred  acres  for  each  person, 
ruuning  on  a  northwest  lyne  from  the  head  of  the  mill  pond,  at  George  Pal- 
mers, and  soe  ruus  nutill  it  meets  with  a  southwest  lyne,  from  a  maple  tree  at 
Mr.  Smith's,  and  to  the  great  playne  west.  We  received  a  letter  from  Major 
Cranston,  at  Adqueenesit,  that  himselfe  with  six  other  of  the  Assistants  be- 
longing to  Rhode  Island,  as  wee  were  informed  by  his  messengers,  and  that 
with  them  were  come  forty  men,  to  be  settled  in  plantation  wise  at  Elizabeth's 
Springs,  north  of  Mr.  Gould's,  about  three  miles  towards  Boston,  and  answer 
was  returned  to  th^sayd  letter. 

Your  Humble  Servants. 

JOHN  TALLCOTT. 
JOHX  BAXKES, 

Letter  from  Connecticut  to  Rhode  Island. 

Hartford,  June  27th,  1677. 
Gentlemen  :  By  ours,  date  10th  May,  '77,  we,  in  answer  to  yours  of  May  2, 
'77,  &c,  gave  you  an  account  of  onr  just  resolves,  to  replenish  and  more  order- 
to  settle  that  portion  of  the  Narragansett  country,  which  lyes  within  the 
limits  of  our  charter  ;  now  after  those  lands  have  been  deserted  into  the  hands 
of  the  enemy,  both  by  the  inhabitants  and  yourselves  :  but  now  since  recov- 
ered" from  them  by  us,  throw  the  mercy  of  God  in  the  late  war  ;  our  grounds 
for  those  intentions  we  signifiyed  as  founded  upon  legall  and  morall  equity, 
both  respecting  God,  our  right  and  nation,  together  with  the  people's  safety 
and  welfare,  which  had  formerly  been  too  much  neglected,  upon  the  occasion 
of  your  pretences  and  interruption.  We  therein  likewise  manifested  our  ready- 
nessof  condescention  (with  leave  from  our  soveraigne),  to  take  up  with  Cowe- 
set  to  be  the  boundary  betwixt  the  Charters,  you  may  well  know,  that  our 
Charter  is  granted  absolute,  and  upon  his  Majestie's  mere  motion  ;  also,  ours 
was  compleated  and  sent  over  before  yours  was  obtained,  and  that  procure- 
ment also  seemes  only  or  mainly  to  be  bottomed  upon  a  misrepresented  agree- 
ment, to  procure  a  Charter,  yet  without  mention  or  regard  to  the  condition, 
whereby  both  his  Majestie  and  ourselves  have  been  abused  as  we  conceive. 
Our  damages  by  your  interruption,  and  our  cost  for  the  conquest  from  the 
enemy,  hath  been  very  great,  yet  to  show  our  neighbourlyness,  and  what 
friends  we  are  to  peaceable  issues,  we  doe  thus  far  comply  as  is  above  exprest. 
But  if  this  be  refused  we  shall  proceed  as  above  ;  and  hope  to  defend  our  just 
and  necessary  doeiugs,  when  we  shall  be  duely  called  thereunto.  Wee  haveing 
lately  taken  a  view  of  the  continent  and  what  accommodations  it  may  afford 
for  plantation  settlements,  to  suit  the  christian  ends  propounded,  we  doe  there- 
fore desire  your  speedy  answer  to  the  premises  amicably,  before  further  prose- 
cution to  state  plantations  thereupon,  as  is  intended.  But  haveing  thus  done 
our  duty  in  a  friendly  manner,  we  leave  events  to  the  Disposer  of  persons  and 
things,  and  subscribe  ourselves  your  loveing  friends  and  neighbors, 

The  Governor  and  Councill  of  his  Majestie's  Collony  of  Connecticut^ 

Per  their  order,  signed,       J.  ALLYN,  Sec'ry. 


RECORDS  OF  THE  COLONY  OF  RHODE  ISLAND, 


These  for  the  Honorable  Benedict  Arnold,  Eaqr..  Governonr  of  his  Majes- 

tie's  Collony  of  Rhode  bland,  &C,  at  his  house  in  Newport,  this  d.  d.,  to 
be  communicated  to  the  General!  Court  and  Oonncill. 

Postscript. — Gentlemen  :  We  pray  your  deliberation  maturely  hereupon, 
that  so  providences  may  not  bring  forth  overtures  ;  so  as  to  prejudice  our  wil- 
derness enjoyments,  which  the  Lo  d  hath  made  pleasant  hitherto,  as  knowing 
that  it  is  apt  and  easy  for  us,  to  be  resolute  and  violent  in  our  doings,  as  your- 
selves :  and  such  a  spirit  in  you  would  have  been  as  usefull  formerly  against 
the  common  enemy  as  now  against  your  friends  ;  however,  our  desires  are  to 
follow  peace  with  all  men,  yet  shall  we  not  be  drove  from  our  right  in  terror, 
nor  can  we  take  up  with  that  slight  proffer  of  an  inconsiderable  part  of  land 
to  be  under  your  government,  as  is  exprest  in  yours  of  May  24,  1 677,  which 
letter  also  mentions  your  ejectment  by  us,  but  that  might  better  have  been  im- 
puted to  the  natives  than  to  ourselves. 

Whereas  you  make  but  a  chimera  of  the  mortgagers  pretensions  ;  if  so  it 
should  be  done  to  all  other  pretencled  purchases  after  the  conquest,  &c,  their 
title  would  likewise  run  into  an  ayre  vanishment ;  which  is  not  by  us  intended, 
only  a  just  regulation  consistent  with  plantation  settlement. 


GENERAL  IXDEX. 


Addertou,  lucreasc  231 

Aires,  'William  ..  390 

Albro,  Samue»,     .    .  218.390.413.588 
Lieut.  John,     .    22. 146,  150,  527,  534 

John,  jun'r  588 

Aleock,  Dr..  Block  Is'aud  bought  by,  128 
Arlington,  Lord,  letter  from  Sir  Rob- 
ert Carr,  to,  on  Warwick  affairs,  37 
Allyn,  John,  sec  J  of  Connecticut,    .  69 
instructions  to,  from  Connecticut,  .  228 
propositions  by,  to  Rhode  Island.  .  228 
letters  to  and  from,    .    .    .  312  to  326 

Almy,  John,   184,214,544 

AlinV.Job,   484,517,552 

Almy,  William,  224 

Andrew,  John,  390 

Angell,  John,      .  364 

Anthony.  John,  150 

Arming  of  the  Colony  against  Indian 
attacks,   ......  282,409 

Arms  and  ammunition,  account  of,  to 

be  taken  196 

Armstrong,  John,  238 

Armstrong,  Jonathan,   .    .    .    .    .  388 
Arnold.  Benedict.  Governor,  22.  38.  67,  90 
96,  130,  139,  147,  150.  242,  30] ,  374 

565 

other  references  to,    •     25,  93, 148,  151 
letter  to  Gov.  Winthrop.  of  Connec- 
ticut 36 

Edmund  Calverly  presents  charges 

against,  63 

not  disabled  in  consequence  of  said 

charges   63 

letter  to  Colonel  Xicholls,  relative  to 

•    Narragansett,  87 

acquitted  of  the  charges  against.  .  98 
reports  on  changing  form  of  engage* 

ment,  .142 

list  of  public  documents  transferred 

by  151 

appointed  agent  to  go  to  Eng'aud,  .339 

Arnold,  Benedict,  jr.,  374 

Arnold.  Josiah  280 

Arnold.  Richard  419,  532 


Arnold,  Stephen.    .    .    39,  2x2,  518,  565 
petition  of,  relative  to  land  in  Paw- 

tuxet,  530 

Arnold,  Stephen,  jun'r,  588 

Ash  ton,  James,  96 

Ascomacott,  negociations  with  Massa- 
chusetts, regarding,     ....  50 

Assowawett,   .    .    . .  133 

Atherton,  Major,  his  mortgage  of  the 

Narragansett  country,    ...  60 
act  relative  to  the  land  purchased  by  478 

Audley,  John,  196 

i  Austin,  William   482,  527 

Awishunks,  an  Indian,  487 

Back,  John,    ........  280 

Badcocke,  James,  complains  asrainst 

Connecticut   32,319,387 

Badcocke,  James,  jun'r.  .    .    .     238,  387 

Badcocke,  John  238 

Badcocke.  Job,    .    ...    .    .     238, 388 

Bailev.  Baylie.  Richard,  238,  278,  331,  339 
364,  375,  539,  558 
commission  to,  .......  332 

sent  to  England  as  asrent,     .    .    .  580 

Bailey,  Robert,   .  308 

'  Balston.  William.  Assistant,  22.  37,  61.  96 
131, 147, 186.  241.  302.  374.  451,  462 
72.  74.  76,  90,  153 
.  Ballou,  Beloo,  Belou,  John,  451.  543 

'  Belou,  Hannah,  543 

Belou,  Samson,  588 

Barker,  James,  assistant,  22.  37,61,  90. 9ti 
130,  139,  241,  541,  565 

commission  to,  332 

references  to   365,  537 

Barker,  James,  jun'r  527 

Barber,  Jamas,  ,    .  214 

Barker.  William,  of  Block  Island,     ,  57 

Barnes,  Richard   588 

Barton,  Benjamin  242,  519 

Bastord,  Rosrer,  147 

Batts,  Francis,  227 

Batty,  James,  588 

Baxter,  George,  to  be  paid  for  bring- 

hig  charter  ,  41 


600 


(iKNERAL  INDEX. 


Beere,  John  374 

Beere,  Henry,  374 

Bell.  Thomas  320 

Bellingham,  Richard,  Governor  of  Mas- 
sachusetts, letter  to  463 

Burnett,  Joseph  238 

Burnett,  Robert  482 

Biscuit  seized  for  the  colony's  use,    .  540 
Blaxton, William,  petitions  for  relief  from 
disturbances  by  Plymouth.       148, 23G 

answer  to,  237 

Bliss,  .John,   100,238,380 

Borden,  Burden.  Thomas,  .  139,528,544 
Block  Island,  notified  that  it  is  within 

the  jurisdiction  of  Rhode  Island,  32 
Jas.  Sands  to  be  constable  for,     .  32 

petition  from,  40 

letter  to  agents  from,  53 

order  for  the  settlement  of,  and  ad- 
mission into  the  colony,    ...  55 
to  send  two  deputies  to  the.Asscm- 
bly,    .........  57 

list  freemen  admitted  to,  .    ...  58 

prder  relative  to  deputies  from,      .  121 
committee  to  visit,  with  a  view  to 
make  a  harbor,      .....    1 25 

bought  by  Dr.  Alcock,  of  the  In- 
dians,  128 

petition  for  a  harbor  on, .  .  .  .  305 
to  be  called  New  Shoreham, .  .  .  466 
created  a  township,  467 


privileges  granted  to 
Boundary,  committee  to  run,  1664,  . 
eastern,  commission  for  those  who 

are  to  mark,  

as  stated  by  the  King's  commission- 
ers, .   

Bradstreet,  Simon  

Brayton,  Francis,     .     218,  394,  41" 
Brentdn,  William,    .    .  36,  72, 
22,  37,  6", 


468 

•o 


Deputy  Governor, 


128 
70 
421 
4,  76,  93 
90,  130, 
139 
186.  223 
87,  223 
.  452 


Governor  

letter  to  Col.  Nicholls.  . 

refuses  the  Governorship, 
Briggs,  John,  .    38,  50,  96,  130, 139,  391 

Briggs,  William  218 

Briggs,  Thomas,  .  .  ,  .  218, 420, 482 
Brightman,  Henry,  ....  394,  588 
Brinlev,  Francis,  361 ,  413,  454,  479,  481. 

485,  483 

Brinley,  William  591 

Brooks,  Thomas,  366 

Brown,  John,  Deputy,  22 

assistant,     .    .  97,130,139,146,241 

Brown,  James,  366 

Browne,  Jeremiah,    .    .    .  366,  374,  525 

Browne,  Samuel  320 

Browne,  George,      ....     527.  588 

Brown,  Henrv   96,451,481 

Brownell,  Robert,  1  483 

Brownell,  Thomas.  Deputy,    ...  38 


Bryer,  Joseph,  527 

Bull,  Henrv,  Deputy,    .    .    .      139,  146 
393,482,517.  518 
Bull,  Jireh,     .    .    .  256,340,413,454 

Burdick,  Robert  388 

Burg,  Thomas,  185 

Burlingame.  Roger,  413 

('adman,  William,'   .    .    .  482,  519,  542 

Cahoone,  William,  58 

Calverlv,  Edmund,  Deputy,  22,  38,  67,  96, 
106,  130,  133,139,  150,  241,453,482. 

588 

presents  charges  against  the  Gov- 
ernor 63 

suspended  from  voting  until  he  gives 

satisfaction  to  the  court,  ...  64 
his  answer  unsatisfactory.    ...  98 
town  clerk  of  Warwick,  ....  81 
case  *of,  referred  to  the  commission- 
ers 107 

case  with  Wm.  Harris,  ....  253 
Canonicus  requests  the  body  of  Poa- 

gonett,  ,    ,  519 

Card,  James,  527 

Card,  John,   25,  75,  77,  84 

Card.  Joseph  374 

Card,  John,  22,     .    .  61,71,90,90,148 

assistant   130, 139,  146 

Carder,  Richard,  Deputy,  38,  96,  130,  139, 

241 

assistant   147,  153,  482 

Carpenter,  William,  Deputy,  7,  38,  67,  90 
assistant,  130,  139,  147,  150,  180,  241, 

302,  374 

references  to,  .  .  .  51.213,448,537 
Carpenter,  Ephraim,  .  .  442,  457,  509 
Carr,  Caleb,  22,  38.  90,  241,  125,  305,413, 

55  3 

Carr,  John  295 

Carr,  Robert,  .  .  40,  125,  133,  304,  413 
King's  commissioner,  .  .  .  60,110 
letter  to  Saul  Gorton,  relative  to 

Poniham,  133 

letters  to  be  sent  to,  .  .  .  91,93,94 
order  to  Pumham  to  remove,  .  .  134 
letter  from  John  Eliot  to,  .  .  .  134 
letter  to  John  Eliot  in  reply,  .  •  135 
letter  from  Roger  Williams  to,  .  135 
letter  to  Lord  Arlington  on  War- 
wick affairs,   137 

Cartwright,  George,  King's  commis- 
sioner,    ...     60,  91,  93,  94,  153 
taken  prisoner  by  the  Dutch,    .    .  153 

Case,  James,  238 

Case,  William  527 

Census  to  be  taken.  1676   536 

Charter  of  the  Governor  and  Company 
of  Rhode  Island  and  Providence 

•  Plantations,  1663   3 

act  for  putting  in  practice,  ...  23 
read  before  the  Ganeral  Assembly,  25 
opposition  to  by  certain  persons,  .  29 


GENERAL  INDEX. 


601 


Champlin,  Jeoffry,  sen'r,    ....  33;*' 
Charles  the  Second,  complimentary  let- 
ter from  149 

order  for  preparing  an  address  to,  .  154 

petition  to,   15-5 

Charter  to  be  read  at  every  meeting  of 

the  General  Assembly.     ...  62 
to  be  kept  by  the  Governor,     .    .  152 

Chesebrough,  Samuel  311 ' 

Cheesechamut,     .......  193 

Clarendon,  Earl  of,  31  j 

■committee  to  draft  letter  to,     .    .  153 
letter  from  the  Colony  to,    I    .    .  158 
reasoLs  presented  to,  showing  why 
the  King's  Province  should  belong 
to  the  Colony  of  Rhode  Island,  .  101 

Clarke,  John,  24,  TO,  76,  84,  153, 154,  254 
455,  457  ,  539 

deputy  and  assistant,  61,  90,  96,  130. 

139,  146,150,  374,  451  j 

letter  accompanying  the  charter  read,  25 

letter  to  be  sent  to,  61 

present  at  the  General  Assembly, 
Oct.  1664   62 

on  committee  to  revise  the  laws,   64,  184 

instructions  to,  as  commissioner  to 
treat  with  Connecticut,     ...  71 

report  upon  the  balance  due  to,  for 
his  expenses  in  England,  .    .    77,  80 

objections  by  the  town  of  Warwick, 
to  pay  its  share  of  the  levy  for,  .  78 

commissioner  to    meet  Plymouth 
men,  90,  91 

to  visit  Block  Island  to  see  if  it  is 
possible  to  make  a  harbor  there,  125 

rates  levied  to  pay,     .   77,  81, 131,  181 

his  agreement  with  Gov.  Winthrop 
to  be  kept  by  the  Gov.  of  R.  I.,  .    1 52 

mortgage  to  Richard  Deane  to  be 
taken  off,  175 

presents  a  protest,  212 

certain  papers  presented  by  .    .    .  302 

appointed  agent  to  go  to  England,  339, 
411,  436,  456 

unpaid  claims  of,  514 

death  of,  noticed  Oct.  1676, .    .    .  558 
Commissioners  of  the  King,  order  rela- 
tive to  Narragansett  59 

letter  to  Rhode  Island  on  same  sub- 
ject,  69 

letter  to,  from  Gov.  Arnold,  relative 
to  the  Narragansett  country,  .    .  86 

letter  of  credence  to  be  sent  to,     .  91 
Connecticut,  letter  to,  relating  to  out- 
rages at  Southertown,     ...      34  j 

letters  to,  relative  to  the  jurisdiction 
of  Narragansett.    .    .    63,  65,  68,  73 

letter  from  in  reply,        ....     67  . 

letter  to,  relative  to  the  disputed  ju- 
ctrisdiion  of  Southertown,      .    .     34 1 

VOL.  IT.  78 


letter  to,  from  Hutchinson  and  Hud- 
♦son  on  same  subject,    ....  48 
various  letters  to  and  from,  relative 

to  the  Narragansett  country,  225  to  235 
letter  from,  October,  1668,  relative 

to  do.,  245 

letter  to  in  reply,  .May  1669,  .  .  247 
letter  to,  relative  to  the  Indian  plot,  274 
letter  from  to  J ohn  Crandall  Nov. 

1669,  ,    .  299 

letter  from  John  Crandall  to,    .    .  300 
commissioners  to  treat  with,  72,  306,  397 
proceedings  of,  relative  to  the  Narra- 
gansett country,  .    .    .  309,  347,  4  ]  9 
various  letters  to  and  from  on  the 

same  subject,       311  to  326,  348,  352 
appeal  from  Rhode   Island  to  the 

commissioners  of,  335 

letter  from,  relative  to  the  murder  of 

Flounders,  340 

letters  from,  relative  to  Namgansett,  355 
405,  418,  432,  459,  583 
letters  to,  relative  to  do.,  329,  374,  40.3 
421,  458,  459,  556,  561 ,  582 
commissioners  to  treat  with,     .    .  454 
makes  arrests  in  Narragansett,  .    .  582 
Clarke,  John,  of  Block  Island,     .    .  58 
Clarke.  Joseph,  22,  37,  61,  90.  96,  238,565 

Clarke,  James,  374 

Clarke,  Jeremiah,  238 

Clarke,  Latham,  -394 

Clarke,  Walter,  .    .  147,481,483,517 

Governor,   541 

Clarke,  Weston,  .    .    .    .  364,529,542 

Clarke,  William,  588 

Clemants,  Thomas,  139 

Clifton,  Thomas,  526 

Codd'mgton.  William,  assistant,  147,  150, 

180.  413 

deputy  139 

case  of  109 

answer  to  the  proposals  of  .  .  .  118 
vs.  Wni.  Pyre,  case  of    .    .     130,  144 

Governor,  517,  537 

Coddington,  William,  jun'r,    .    .    .  527 

Coddiugton,  Nathaniel  527 

Coffgeshall,  John,  assistant,  22.  37.  61,  90, 
96.  93,  301,  374,  517,  541 

deputy,   130,241 

other  reference  to  366 

treasurer,     .    .    .    .    39,  97,  147,  148 
to  receive  the  King's  commissioners,  92 
chosen  Deputy  Governor,     .    .    .  484 
Coggeshall,  Joshua,  61,  451,  481,  517,534. 

542 

Cole,  John   227,  323,  342 

Colvvell.  Robert  204,  210 

Connygrave,  Walter,  43 

Conscience,  none  compelled  to  fight  or 

traine  against,  495 

liberty  of,  order  relative  to,      .    .  503 


(302 


GENERAL  INDEX. 


Contempt,  punishment  for,  .  .  .  439 
Constables  and  Sargeants,  law  concern* 

-    ingr  •    .    .  118 

<  Iboke,  Thomas,  538 

Cooper,  Symon   147 

Cornell,  Thomas,  01 ,  71, 399,  400,  442,  485 

executed  for  murder  486 

evidence  in  case  of,  to  be  recorded,  487 

Cornell,  Rebecca*-  485 

Coroner,  one  of  the  assistants  to  be,  .  28 

Correy,  William,  394 

Cothaneqaant,  198 

Cottrel.  Nicholas,   238,  531 

Cottrel,  Nicholas,  jnn'r,  ...  388 
Courts  of  trial,  When  held,  .    .    .    2G,  31 

organization  of,    .    .    .  .31,04,171 

Cousins,  Edmund  ,    .  344 

Courts,  Special,  provisions  for,    .    .  26 

Crabtree,  John,  227,  344 

Cranston,  Capt.  John,  22,  38,  07,  90,  90, 
130,  ISO,  241 ,  301,  300,  374, 399,  518, 
531,  577 

Deputy  Governor,  451 ,  481,  541,  505 
licensed  to  practice  medicine,  .  .  33 
commissioner  to  Plymouth,      .    .  92 

commission  to,  187 

commission  as  Major,  ....  253 
Crandall,  John,  304,  388,  394  419,  588 
sent  as  messenger  to  Connecticut,  .  249 
letter  from  Connecticut  to,  .  .  .  299 
letter  to  Connecticut,  ....  300 
arrested  by  Connecticut,  ....  375 

Crandall,  John,  jun'r,  374 

Crofts,  George,   390,  483 

Crofts,  Robert,     ......    .  390 

Crane,  Daniel,   238,  388 

Crossman,  John,  482 

Danforth,  Thomas  70 

Davies,  John,  ,  58 

Davis,  Nicholas   374,  507 

Davis,  Sarah,  507 

Deane,  Richard,  of  London,    175,  183,  305 
letter  to  be  written  to,    ...  444 

Dearing,  Samuel,  58 

Defences  of  the  Colony,  117 

Dennie,  Dennis,  Robert,     .    .     482,  545 

Denison,  Daniel,  227 

Denison,  George,  letter  to  Connecticut,  3 1 1 

Demurs,  vote  relate  to,  523 

Deputies  and  Magistrates,  sitting  apart 
proposed,    ....  63,  124, 144,  157 
order  for  the  choosing  of  83 

pay  of,   443,  473 

provisions  relative  to,      ....  472 

Devell,  Joseph,   364,  374 

Devell,  Jonathan  588 

Dexter,  Gregory,  61,  537 

Dickens,  Samuel,  365 

Dodge,  Tristram,  58 

Dol  er,  John,   344  j 

Powing,  William  391 1 


Dungin,  Thomas,  ...  -394,  534',  B88 
Dutch,  preparations  for  invasion  from,  192 

489 

declaration  of  ^war  against  by  Eng- 

lish  published  and  proclaimed.  401,  403 
letter  to  Massachusetts  relative  to 

the  war  with,  403 

take  New  York,    .    ,    .    .    .    .  491 
provision  for  the  relief  of  persons  in- 
jured, or  property  lost  in  the  war 

with  492 

Durfee,  Durfie,  Thomas,     .    .    .85,  483 
"admonished   for  unsuitable  car- 
riage,"    .    .'  85 

Dyre,  Henry,   218,  238,  588 

Dvre,  Samuel,   257,  390 

Dyre,  William,  22,  G7,  70,  84,  147,  L50, 

396 

requests  judgment  against  him  re- 
versed,  85 

summoned  before  the  Assembly,    .  107 
apologizes  to  the  Assembles  .    .    .  108 
offence  for  reflections  on  the  Assem- 
bly pardoned,    .........  1091 

vs.  Coddington,  case  of,    .    .  139,144 

Eads,  Philip  374 

Earl,  Thomas  38 

Earl,  Ralph,  218,  394 

Earl,  William,  .485 

Easton,  John,   38, 130,  139,  147, 150,  186 
86,  302,  364,  454 
Attorney  General, ....     147,  451 

Deputy  Governor,  517 

Easton,  John,  Jun'r,  364 

Easton,  Nicholas,  Deputy,  130,  139,  141, 

146 

Deputy  Governor,  147,  187,  180.  223, 

241,311. 

Governor,   451,  481 

Easton,  Peter,  .  139,  140,  481,  518,  585 
Easton,  Nicholas,  Jun'r,  ....  364 
East  Greenwich,  laid  out  and  grants  of 

land  to  persons  in,  587 

names  of  grantees  of  land  in,  .  .  588 
Eastern  Boundary,  commission  to  run, 

1664,   72 

Easton,  Thomas,  483 

Edmonds,  Andrew,    ......  549 

Edwards,  William,  527 

Eel  Is,  Lawrence,  223 

Eldred,  Samuel.  Sen'r,  .  .  227,  231,  323 
Eldridge,  James  ...    .344,  390 

Samuel   .  342,  344 

Thomas,  344 

Election  of  Governor  and  Assistants, 

order  relative  to,  83 

of  civil  officers,  doubts  respecting  to 

the  meaning  of  in  the  Charter,  .  28 
Eliot,  John,  letter  to  Sir  Robert  Carr 

in  behalf  of  Pomham,  ....  13 
letter  from  Sir  R.  Carr  in  reply,  135 


GENERAL  iNDEX. 


003 


mentioned  by  Sir  R.  Carr  to  Lord 

Arlington,  1 38 

Engagement  of  officers,  .  56.97,112.575 

proposals  to  change  and  report  on,  141 
England,  agent  to  be  sent  to,  .  .  .  388 
Emery,  Anthony,     .    ••    •.    .    .    .  187 

Enman,  Edward,  146,  150 

Enman,  John,  451,  532 1 

Evernden,  Anthony,   337, 482 

E airfield,  John,   388. 

Fenner,  Arthur,  assistant.  97, 130,  139,  14(1, 
451,  517,  542 

Deputy  22,  38 

other  references  to,  50,  200,  201,  381, 

457,  481 

commander  of  the  King's  garrisen,  in 
Providence,  ....    547,  552,  572 
Fenike,  Abijah  A.,    ......  231 

Fenixe,  Alexander,  .  227 

Field,  Thomas,  .....  381,  447 
Field,  William,    .     22,  37,  61,  90,  96,  93 

■Field,  Zachary,  482 

Fines  for  non-attendance  at  Court,     .  169 

Fisher,  Edward,  394 

Flanders,  Thomas,  227 

Flounders,    Thomas,    his  complaints 

against  the  Indians  283 

charged  with  murder,  and  examina- 
tion- of,  341 

various  papers  relating  to  the  ease  of,  343 

proceedings  relating  to  do.,  .    .    .  3501 

executed  and  proceedings  relative  to 

estate  of,   363 

Folgiour.  John,  85 

Forceable  entries  and  detainure.v  .  .  513 
Fornication,  law  regarding,     .    .    .  104 

Foster,  Miles   543,  585 

Freeborne,  Gideon,   527 

Freelon,  Morris,  398 

Freeman,  John,    .    ,  531 

Freemen,  oath  to  be  taken  by,     .    .  112 

requirements  of,  113 

Frinck,  John,  320 

Fry,  Thomas,  .    .    .     242,  365,  565,  588 

Gant,  Zacharv,  374 

Gardiner,  Ben  390 

Gardiner,  George,   99,  390 

Gardiner,  Henry,   390 

Gardiner,  Nicholas,  390 

Garriardv,  John,  42,  51 

George,  Peter   58,  361,  413 

General  Assembly,  provisions  for  call- 
ing together,  25 

Gookin,  Captain,  .......  299 

Gorton,  John,  .    ...    .    .    .  242,588 

Gorton,  Samuel,    96,  150,  22,  96,  150,  133 

letter  to,  from  Sir  R.  Carr,  relative 
to  Pomham,  133 

letter  to  Col.  Nichols,  relative  to 

Namgvnsett,  1  234 

Gorton,  Samuel,  Jr.,  .    133,  412,  542,  565 


fine  remitted  to  338 

Gorton,  Benjamin,  588 

Gould,  John,  ....    22,  38,  124,  197 

deputy   96,  481 

Gould,  Thomas,  40,  42,  45,  48,  323,  391, 

567 

bond  given  by,  43 

petition  answered,  174 

taken  prisoner  to  Hartford,  .    .    .  579 
Gould,  Daniel,        197,  391,  48!,  485,  517 
Gouldinge,  Roger,     .......  480 

Greene,  James,  131,  133,  139,  241,  302, 

482,  527 

GTeene,  John,  25,  76,  84,  125,  148,  153, 
391,  399,  447,  479,  481,  527.  537 
asssistant,  22,  37,  130,  139,  146,  150, 

180,  302 

deputy,   61,  133,  274 

Greene,  John,  Sen'r,  warrant  to,  to  ap- 
pear before  the  Court,      ...  45 
notice  of  his  arrest  at  Aquidnessett,  4'.* 
courier  to  treat  with  Massachusetts,  49 
brought   before  the  Assembly  for 
adhering  to  the   government  of 

Connecticut,  51 

his  offence  pardoned,  51 

Capt.,  on  commission  to  revise  the 

laws,  64 

on  committee  to  run  the  boundary,  70 
commissioner  to  treat  with  Connecti- 

►      cut,     .    •  71 

magistrate  of  King's  Province,  .    .  94 
appointed  agent  to  go  to  England,  .  339 
paid  expenses  to  New  London,  .    .  367 
Greene,  John,  of  Newport,      .      238,  363 

Greene,  Henry,  391,483 

Greene,  Daniel,  391 

Greene,  Robert  G.,  231 

Greene,  Robert  3 14 

Greene,  William,  527 

Greenman,  Edward,  363 

Griffin,  Benjamin,  588 

Griswold,  Edward,  363 

Guterry,  Gutteridge,  Robert,     58,  361,  413 

Hackitt,  Jabez,  371 

Hagbouru,  Samuel,  ....      36!,  413 

Hailes,  Richard,  527 

Hall,  William,      ....     90,  1 39,  482 

Hallsal,  George,  147 

Holsey,  George,  19(5 

Hamilton,  Marquis  of,  his  patent,  .    .  127 

Harris,  Andrew   241,  39o 

Harris,  Thomas,  Sen'r,  32,  37,  146,  241, 
385,  451,  481,  517 

Harris  Toleration,  527 

Hirris,  Win,  151,  153,  179,  478,  511,572 
petition  from  referred,     ....  86 
case  of  referred  to  the  King's  com- 
missioners,  107 

vs.  John  Harrod,  case  of  in  relation 
to,  Masfyvnticnt,      ,    ,    .      1  !3,  2.VS 


GENERAL  INIMIX. 


Lmpnson- 


assi.-t  mt,  I  17,  1  50,  180,  241,  482,  :")17  | 
troubles  caused  by  .  .  .  .  218 
discharged  from  his  office,    .    .    .  209 

bill  about  Mashanticut  210 

fine  remitted  to.   230 1 

report  concerning  rates,  ....    254  | 

General  Solicitor,  ......  375 

order  for  the  arrest  and 
ment  of  

Harris,  William,  of  Block  Island,  .  . 

Harrod,  John  

Harvie,  Mathias,  

II  arte,  Thomas,  Deputy,     .  150,151, 

J  ravens,  Robert,  

Hawkins,  Job.  

I  la&kins,  William  

Hazard,  Robert,  .  38,96,394,536, 

Heath,  John,   483, 

Heferman,  William,  ....  390, 

llelmc,  Rowse  

Helme,  William  391, 

Ueline,  Samuel.  .  ....... 

I I  elme,  Christopher,  .  ..... 

I  lerndcn,  Benjamin  

Howes,  Joshua   227, 

Hick,  Gabriel,  ........ 

Hicks,  John,       40,  42,  45,  100,  124, 

bond  given  by,  

his  marriage  to  Honora  Long,  .  . 
Hicks,  Thomas,    ...  ... 

lliscox,  liiscoiks,  William,  374,393, 

Hobert,  Joshua,  

Hodgson,  Robert 

I I  olden.  Randal] 


commissioner 
chusetts,  . 

letter  from  Sir 
Pomham, 

letter  to  Col.  Nicholls, 
Holden,  John,      .    .  , 
I  (older,  Christopher, 
ILoldes,  Joseph,  .  . 
I  lolnvs  Christopher, 
Helme.],  John.     .  . 
Holmes,  Cba.li -h, 
I  lolmes,  Rowse,   .  . 
I  lopkfns,  Thnmas 
I  [opkins,  Thom  is 
Horrod,  Harrod, 
W.  Harris. 


,     ....  483, 
22,  37,  61,  70,  72,  70 
96,  140,  150, 
to  treat  vith  Massa- 


429 
58 
413 
125 
445 
588 
2'  2 
588 
539 
588 
413 
483 
4  s'5 
483 1 
483 
303| 
231 
196 
125, 
44 
101  ! 
483  j 
5371 
299 
537 
,91, 


R.  Carr,  relative  to 


482 


Jun'r, 

lohn.  his  case 


130, 

with 
113. 


Howes.  House.  Walter,  

murder  of,  

return  of  the  jury  upon  

I  [ubbard,  Samuel  

Hudson,  William,  summoned  before  the 

Assembly,  

letter  to.  from  Richard  Smith,  Jun'r, 
letter  to  the  Governor  of  Connecti- 
put  


30 

133 
231 
588 
537 
218 
390 
280 
539 
394 
Hi  12 
451 

253 
413 
227 
310 
313 
39 


30 
4< 

49 


eomplainst  against,  00 

to  be  arrested  for  assuming  the  pow- 
ers of  a  magistrate  without  author 

ity,   75 

his  petition  read,  14!) 

petition  from,  to  Connecticut,  .  .  230 
other  references  to,    .    .    227,  323,  351 

1 1  milestone,  Valentine,  482 

Hulatt,  George,  44 

Hutchinson,  Kdward,  summoned  before 

the  Assembly,   3(V 

letter  to,  from  Richard  Smith,   .    .  47 
letter  to  the  Governor  of  Connecti- 
cut relative  to  the  Narragansett 

difficulties,  48' 

his  petition  read,  1 30-' 

Hutchinson's  History  of  Massachusetts 

referred  to,  153 

Indians  to  be  disarmed,  ....  193 
supposed  combination  of  against  the 

colony,   204,  209,  281 

the  colony  to  be  armed  in  view  of  the 

raising"  of,   282,  409> 

orders  relative  to,  428,  437,  534,  550,. 

552,  553,  581,  587 

special  court  to  dry,   393; 

commissioners  to  treat  with  relative 

to  drunkenness,  ....      480,  488 
liquor  not  to  be  sold  to,  .    .      500,  509 
(Jankcsick)  to  be.  tried  for  murder,  509 
•  testimony  of,  to  be  received,      .    .  509 

not  to  be  slaves,  535 

menace  Providence,   543. 

captives  sent  to  Newport,     .    .    .  548- 
captives  to  be  sold  for  service,   .    .  549 
Inhabitants  acoount  of  to  be  taken,    .  53ft 

James,  William,  527 

Jaffrey,  William  01,  197 

Jannings,  Thomas,   44,  421 

Johnson,  John,  52? 

Johnson,  Nathaniel,  21^,238 

Jones,  William,  Hartford,  ....  70 

Joy,  Thomas,  227 

Jurors,  order  for  the  choosing  of,  .  .  83 
Jurymen,  provisions  for,     ....  27 

Kel'lev,  Michael  28ft 

Kent,'  Joseph   40,  42,  53.  58 

King  Charles,  2d,  letter  from,  .    .    .  149 

petition  to  154 

King's  Commissioners,  11* 

committee  to  receive  at  Seekonk,   .     9 1 
to  be  entertained  at  the  colony's  ex- 
pense,  92 

order  to  the  purchasers  of  Misquam- 

acuck,     .    .  •••«;  93 

orders  to  the  magistrates  of  King's 

Province,  .....  93,  94,  95 
proposals  from,  to  the  colonists,  .  11 II 
reply  of  the  General  Assembly  to  111 
official   report   relating   to  R.iode 

bland,  ,   ...  127 


GKN'ERAL  INDIA. 


605 


6rder  to  the  town  of  Warwick  con- 
cerning  

letter  to  Gov.  Brenton,  . 
King's  Province,  boundary  of  . 

the  Xarr.igansett  country,  . 

petition  to  the  King  that  it  may  he 
added  to  the  colony.    .  . 

letter  to  the  Earl  of  Clarendon  rela- 
tive to,  

reasons  why  it  should  remain  to  the 
colony  of  R.  L  presented  to  the 
Earl  of  Clarendon,  

conservators  of  the  peace  for, 

order  for  the  government  of, 

commission  to  the  conservators  of,  . 
Kingstown  to  be  established.   .    .  . 

Knight,  Richard,  86, 

Knight,  Macklin,  

Knowles.  John  362, 

Knowles.  William,  

Langford,  John,  

I.anphear,  George  

Lapham,  John,   

Larking.  Larkin,  Edward,    .  388", 
Iaws,  certain,  declared  null,    .    .  . 

committee  to  review,  1664,  . 

to  be  revised,  

Lawton,  Daniel,  

Lawton,  Thomas,  14  :, 

Lawton,  George,  527, 

Lawton,  Grace,    ,  ,  

Lay,  Edward,  ......  427. 

Layton,  Lawton,  George,  130, 

Lake.  David,  

Leech,  Ambrose,  

Leete.  William,  Hartford,  .... 

Lee,  Peter,  419, 

Lellye,  Henry,  

Lewis,  John,   238, 

Larry,  William,  .   

Lilly.  Henry,  57*. 

Liquors  licensed  to  be  sold, 

excise  upon  acts  relative  to,  .  251, 

forbidden  to  be  sold  to  the  Indians, 

law  to  prevent  the  illegal  importa- 
tion of,  

not  to  be  sold  on  Sunday. 
Long,  Horod,  petition  of,  .... 

petition  to  the  King's  commissioners, 

opinion  of  the  General  Assembly  on 

the  ease  of,  

Long.  Philip  

Lovelace.  Governor  of  New  York,  let- 
ter from  relative  to  Xintcraft  and 
other  Indians,    ....     2»i3.  27* 

Low,  John,     .    .    *.  527 

Mackoone,  John,  .......  3«8 

Mac  ar rev,  Charles,    ......  588 

Maddocke,  David,     ......  227 

Migi  trates  to  1  e  aj.po'nt  d.    .  33 

to  sit  w  ith  the  deputies,   ...  172 


132 
232 
257 
166 

157 

158 

161 

2:7 

257 
208 
525 
5*> 
227 
588 
4!3 
325 

3-  "- 

4S2 
531 
27 
64 
1S4 
.344 
•344 
537 
544 

894 
218 
344 
70 
525 
238 
338 

4-  3 
2  — 
174 
523 
"ifiO 


502 
503 
99 
100 

102 

588 


Man,  Abraham,  451 

Malins,  Robert  527 

Manchester,  Thomas,  Jun'r,     .     483,  57* 

Manchester.  William,  527 

Manton,  Shadrach,  .  .  .  .  202,241 
Marriages,  order  concerning,    .    .    .  104 

Mashanticut,  143,413 

Mason,  John  Smith,  364 

Marshall,  Edward,  51,  143 

Mason.  Major  John,  73 

■    letter  to  John  Allen  and  others  re- 
lative to  the  Xarragansett  country,  34* 
Mxsoji.  John  Pearce,     .    .    .      527,  5>* 
Massachusetts,  committee  to  treat  with,  30 
treaty  to  be  made  with,   .    .    .  "  .  49 
commission  to  be  sent  to,     ...  4'J 
instructions  to  commisioners  relative 

to   50 

return  of  commissioners  from,  .  .  Co 
letter  to,  relative  to  tho  war  with  the 

Dutch,  464 

Mather,  Timothy,  !    •    .    .  4) .  23) 

Matteson,  John,  3C4 

Maverick,  Samuel.  King's  Commission- 
ers,   60,91,93,94 

Mawsap,  se*  Mosap. 

Maxson,  John,   238,  388 

Militia,  act-;  relating  to,  .    .    .  221,407 
Militarv  affairs,  orders  relative  to,  51,  171, 
531,  530,  549,  533,  576,  585 
.Militia,  order  for  the  organization  of,    1 14, 

537,  567 

Minor.  Thomas,  344 

Mi>qmmacuck,  order  from  the  King's 

Commissioners  to  the  purchasers  of,  93 

freemen  admitted  from,  .    .    .    .  238 

Moore,  WiUiam,  343 

More,  Joseph,  483 

M<  'rice,  Win.,  of  London,   ....    14'  » 

M<  rice,  Mrs.,  .    .    ,  481 

Morris,  Capt.  Richard,         C6,  68,  73,  125 

Mcsier,  Hugh,  38 

M.  sup,   198,  295,  509 

Iwfore  the  council,      .    .    .     283,  284 

Mott.  Adam,  Jun'r,  483 

Mowry,  Moorie,  Benjamin,  ....  588 

Mowry.  Man-  •  244 

Mown-,  Joseph,  588 

Mowry,  Nathaniel,  451 

Mown-,  John,  451 

Mumford.  Thomas,    .    .    .     41,  339,  390 

Xahantiek,  46 

Xarragansett  country,  see  also  King's 

Province  and  Connecticut. 
Xarrag.msett,  leter  to  the  Governor  of 

Connecticut  relative  to,  34 

letter  from  Rhode  Island  to  Richard 
Smith,  regarding  45 

letters  from  Rieh.  Smith  relative  to,  47 

letters  from  Hutchinson  and  Hudson 
relative  to  48 


t>OG 


GENERAL  INDEX. 


order  of  the  King's  Commissioners 
relative  to,  00 

letters  from  Rhode  Island  to  Con- 
necttcut  relative  to  the  disputed 
jurisdiction  of,  f>3,  Go,  66,  08,  73,  352, 
37G,  403,  421,  458,  459,  056,  661,  582 

letters  from  Connenticut  relative  to 
same,  G7,  73,  355,  379,  405,  418,  432, 
450,  583 

letter  from  Gov.  B.  Arnold  to  Col. 
Nicholls  relative  to,     ...    .  86 

orders  from  the  King's  commission- 
ers about,   03,  04,  05 

country,  magistrates  of,   ...  93 

King's  commissioners  order  the  in- 
habitants to  leave  04,  05 

King's  commisioners'  order  recinded,  05 

petition  of  Hudson  and  Hutchinson 
relative  to  140 

papers  relating  to  the  disputed  juris- 
diction of,   225  to  235 

papers  relating  to  ditto,  309  to  328,  406, 

424 

proceedings  of  the  General  Assembly 
relative  to,  70,  3(i7,  383,  387  to  390, 
433,  454,  525,  552,  5(i7,  573,  579,  592 


agent  to  be  sent  to  England  in  rela- 
tion to,   433,  435 

commissioners  appointed  to  treat  with 

Connecticut  relative  to,     ...  454 
lands  in,  vote  relative  to,      ...  477 
people,  complaint  of  their  "  uncer- 
tain condition,"  578 

prohibition  set  up  in,  559 

order  for  the  settlement  of,  and  sale 

of  lands  in,  574 

report  of  committee  on  lands  in,  .  595 
lands  to  be  laid  out  in,    ....  587 

Necoles,  Thomas,  38 

Newbury,  Walter,  585 

Newman,  William,  394 

Newport,  freemen  admitted  from,  .  238 
New  Yotk  taken  by  the  Dutch,  .  .  49 1 
Nicholls,  Col.,  letter  from  Gov.  Arnold 

to  86 

letter  to  Gov.  Brenton,    ....  233 
letter  from  Samuel  Gort:  n  to,  .    .  234 
Nicholls,  Thomas,    .     .    .    393,  575, 588  j 

Ninecroft,   .      13!i,  198 

required  to  give  up  Indians,  .  .  .  203 
letter  from  Gov.  Lovelace  relative  to,  264 
ordered  to  be  apprehended,  •  •  •  265 
examined  before  the  council,  .  .  269 
ordered  to  appear  before  the  council 

again  280 

second  appearance  before  the  council.  281 

283.  284 

ordered  to  repair  to  Warwick,  .  20,">  | 
conference  to  be  held  with  relative 

to  drunkenness,  487 

Noyes.  .James   3201 


Noycs,  Moses  

Oath  of  office,  1604   56 

Olnej,  Thomas,  22,  37,  40.  01,  70  70,  00. 

94,  90.  ia0,  147,  153.  302,  381 
Olney,  Thomas,  jun'r,    381,  385,  447,  505 

Olney,  Kpinetos,   .  240 

Olney,  James,  242 

Painter,  Shubael,  388 

Painter,  Thomas,   388 

Paine,  John,    .....  140,227,231 

Calmer,  Nehemiah,  320 

Palmer,  Henry,  _  .  338,  340,  371,  388,  537 

Palmer,  Benjamin,  320 

Parker,  Sarah,  petition  for  a  divorce,  83 

Parsons,  Hugh,  218 

Patience,  Island  added  to  Portsmouth,  HO 

Palmer,  George,  390 

Palmer,  Isaiah,  551 

Parker,  John  5S8 

Parrott,  Lyman,  374 

Pay  of  the  Governor  and  Lieutenant 

Governor,  443 

Pearce,  Gyles,   483,  588 

Pearce,  Richard,  Jr  483 

Peckham,  John,  588 

Peckham,  John,  Jr.,  .    .    .  238,306,393 
Peckham  Stephen,    ......  588 

Peckham,  Thomas,    ....      527,  58S 

Pender,  John,   335 

Pepordye,  John,  124' 

Pessicus,  128,  137 

Petacomscott,   48,  49,  140 

Phillips,  Michael,  238 

Philip,  King,  of  the  Narragansetts,  .  130 
suspected  of  treachery,  .  .  193,  198 
letter  to  Plymouth,  relative  to,  .  .  267 
bxamination  of  Ninecroft,  relative  to,  269 
letter  to  Connecticut,  relative  to,  .  274 
to  be  consulted  relative  to  drunken- 
ness among  the  Indians,      .    .    .  487 

letter  sent  to,  519 

Pinner,  John  394 

Place,  Plavce,  Enoch,    ....  41,390 

Playsted,  Mr.      .......  299 

Plymouth,  letter  to,  relative   to  the 

boundary,  74 

commissioners  to  meet  same  from.  90 
letter  to  Charles  2d,  relative  to  the 

boundary  of  155 

letter  to  Lord  Clarendon,  relative  to,  158 
notifies  the  Colony  of  Philip's  con- 
spiracy, •  198 

letters  to,  relative  to  Philip,  of  Mount 

Hope,      .    .    .     267,  370, 408,  425 
letter  received  from,  .    •    •      408,  417 
Poagonet,  to  be  hanged,     .    •    .    .  519 

Porter,  John   119,126,381 

Porter,  John,  assistant  22 

Porter,  Margaret,  applies  for  relief,    .  119 
decree,  in  favor  of,      .  •  .    .    .    .  1-0 


GENERAL  INDEX. 


GUT 


Potter.  Eiisha  R..  his  history  of  Xarra- 

gansett,  quoted,  93 

Potter,  John,  ."  .    .  133 

Portsmouth  may  capitulate  with  John 
Clarke  for  its  portion  of  the  mon- 
ey doe  him,  .......  142 

Powder  to  be  procured.     ...  542 

Power.  Nicholas   447.  448 

Pray.  Richard,  applies  for  a  divorce,  .  188 
action  relative  to  the  divorce  given,  479 
Prince.  Thomas.  Gov.,  letters  to.     74.  267. 

370.  408,  426 

Prentice,  Thomas,  321 

Proxy,  proposal  to  vote  by,     ...  40 
order  for  voting  bv.  62 

Pratt,  Samuel,  391 

Probation  of  wills,  526 

Public  Documents  among  the  Archives.  453 
Punneau,  an  Indian,  to  be  executed,  .  485 
Providence,  letter  to  relative  to  depu- 
ties,  202 

return  of  two  deputies  from,     .    .  288 
committee  sent  to.  to  persuade  to  an 
agreeniit:  ...       .  289 

proceedings  hi  consequence  of  '•  dis- 
tractions" among  the  people  of.  292 
deputies  from,  admitted  to  the  Gen- 
eral Assembly,  ......  532 

letter  to.  inviting  the  inhabitants  to 

repair  to  the  island  for  safety.    .  533 
petitions  for  protection  against  the 

Indians,  543 

garrison  to  be  established  in.  545.  572 
commission  to  Arthur  Fenner  as 

commander  of.  547 

sends  Indians  to  Newport,  .    .    .  548 
Pumham  to  be  written  to  by  the  Gov- 
ernor in  relation  to  lauds,    '.    .  32 
maintained  by  Massachusetts.  .    .  128 
order  of  the  King's  Commissioners 

relative  to,  132, 133 

order  to  remove,  from  Sir  Robert 

Carr,  134 

John  Eliot  intercedes  for,    .    .  .134 

letter  to  Eliot  in  reply  135 

letter  from  Roger  Williams  relative 

to,  136 

letter  from  Sir  R.  Carr  to  Lord  Ar- 
lington relative  to,  137 

Quakers  admitted  into  the  colony,     .  128 

Quannapin  420 

Quinapint,   .  296 

Quissuckquash  before  the  council,     .  281 

Randall,  John  387 

Rate  of  £600,  of  1664,  to  be  gathered,  28S 
£300,  to  send  agent  to  England,    .  338 
Rates,  proceedings  relative  to,       358.  379. 

412,  436,  510,  521 

Rawsbone,  John,  5S 

Rave,  Rav,  Simon,  58,413 

Reape,  William   147,  186 


Recorder,  fees  of  

Reed,  Reade.  John,  .  ,  .  147. 480, 527 
Religious  Liberty,  note  explanatory  of 

the  law  of  1663,  regarding.    .    .  36 
no  person  to  be  molested,  or  called 
in  question  for  any  diflerence  of 
opinion  in  .natters  of  religion,   664,  57 

orders  relative  to,  571 

Relph,  Thomas,  .... 

Remington.  John,   286,  588 

'  Reynolds,  John,  483 

Rev  nolds.  James,  391,413,567,579 

Reynolds,  Robert,  124 

Revnolds,  Lemuel  483 

Rhodes.  Zachariah,  Deputv,  22,  61,  96,  71, 

77,  125 

commissioner,  to   rus  the  eastern 

boundary,  72 
to  audit  John  Clarke's  accounts,  75,  84 
commissioner  to  treat  with  Plymouth,  76 

Rhodes,  Jeremiah,  451 

Rice,  John,  527 

Richards.  James,  letters  to  and  from,  312  to 

325 

Richards.  John,  Treasurer**)!"  Harvard 

College,   324 

Richard,  "William,  Jr.,  374 

Richardson,  Amos,  summoned  before 

the  Asseniblv,    .    .    .  30,227,311 
Richmond,  Edward,  43,  186,  242,  302.  451, 
477,  549.  565,  586 

Ridley,  Marke  445 

Roberts,  Harry,  fine  remitted  to,       .  509 

Robertson.  Edward,   125 

Rogers,  James,     39,  45.  97,  125.  147,  204, 
302,  400,  517 

decease  of,  538 

Rogers,  Thomas,   147,  238 

Rogers,  John,  238 

Roman  Catholics,  reputed  law  of  1663, 

regarding,  note  on  36 

Rose,  1  oilman,  Block  Island,  ...  58 

Salmon,  John,  374 

Samson,  John,  85 

Sands,  James,  40,  58,  96,  122,  361,  413, 466 

agent  from  Block  Island,  letter  to,  53 
Sanders,  Saunders,  Tobias,     250,  300,  320, 

397,  419 

Sanford,  John.  Deputy,  22, 130, 146, 150, 241 
assistant,  37,  61.  90,  96 

secretary,    .    .        .50,  67,  69,  150 
on  committee  to  revise  the  laws,    .  64 
other  references  to.  25,  49,  50,  5] ,  70, 
82,  84,  151.  302,  451.  374.  517,  559, 

588 

Sanford,  Peleg,       147.  186,  241,  371,  565 
sent  to  England  as  agent,     .    .    .  580 

commissioner  to,  218 

Sanford,  Samuel,  394 

Sawagonet,   279,  283.  284 

Sayles,  John.   .    .    .  241,303,419,552 


GuS 


GENERAL  INDIA. 


Scott.  1'  -hard  

Soal,  the  •  Id  one  to  be  used,    .    .  . 

of  the  i  ony  

roe  allow  ,  I  the  recorder  fw, 

Sebeere,  Su  hen,  

Segar,  Richard,  

Scwell.  'l'hoinas,  

Sliennan.  Eber  

Sherman,  Shearman.  Philip,     90,  130, 
Smitu,  Benjamin,  147,  150,  213.  211, 
BOS,  458, 

Smith,  Christopher  

Sir  ith,  John,  of  Warwick,  dies,   .  . 
Smith,  John,  Deputy,   .    .    .  130, 

Smith.  Jeremiah,  .'  

Smith,  Edward,  deputy.      .      00, 150. 

assistant,  130  139,147,390,197, 
Smith,  Elisha,  ....*... 

Smith,  I^eoi  <*rd,   304, 

Smith,  Philip   374, 

Smith,  Stephen,   

Smith,  Richard.  Sc.    ,  case  of,     .  . 

42.  45,  66.  fc.'  413,451,404, 

bond  given  by  

letter  to  from  'General  Assembly,  . 

letter  from  to  Capt.  Hutchinson  re- 
lative to  Narragansett.    .    .  . 

to  be  arrested  for  assuming  the  du- 
ties of  a  magistrate,  .... 

Smith,  Richard,  jun'r  48, 

Smith,  Margaret,  fine  remitted  to,  . 
Southertown,  riotous  proceedings  at,  . 

letters  to  the  Governor  of  Connecti- 
cut relative  to,  34 

letter  to  Richard  Smith  relative  to, 

letter  from  Richard  Smith  to  Hutch- 
inson relative  to,  

letter  from  Connecticut  relative  to, 

Southworth,  Thomas  

Sowell,  Thomas,  

Spencer,  John,  .  .  238,  394,  574, 
Spincke,  Robert,  .  .  ■  .  124, 
Stafford,  Samuel,      ....  517, 

Stafford,  Thomas,  

Stafford,  Thomas,  jun'r,  .... 

Stanton,  John  

Stanton,  Robert  

Stanton,  Daniel,  

Stanton,  Thomas,    228,  311,  344,  345, 

Staple,  Samuel,  

Standard  of  weights  and  measures  to 

be  kept,  

Steere,  John  

Stevens,  Henry,  ....  124,190, 
Squamacuck,  letter  to  the  people  of,  . 
Stocks  to  be  provided  by  every  town, 
Stoakes,  Mary,  petition  of,  ... 

sentence  of  remitted,  

Strange,  Scott,  ...  22,  90,  139, 
Strange,  John, 

Strange,  John,  jun'r  

Suekaquash  to  appear  before  the  coun- 
cil   


139  Sunday,  law  for  the  observance  of,    .  503 

32  Swaite,  Richard.  .......  3%H 

41  Sweet,  John  391 

41  Tabor,  Philip,  429 

:{74  Tallcott,  Capt.  John  420 

3r'8  Tallmau.    Peter,   complaint  against 

2.H        Tho?.  Darfee  85 

301      deputy,  90 

537  petitions  for  a  divorce,  ....  122 
574,  |  Tallman,  Ann,  declared  an  adulteress,  123 

451 1    punishment  oi   124,125,187 

337  I  Tallman,  Susanna  480 

25 1  Taylor,  Mary,     .  44 

337  Taylor,  Robert  44,  515 

527  Taxes  not  to  be  levied  without  thecon- 

241  sent  of  deputies  472 

527  Terry,  Joseph,  jr  238 

527  Terry.   Thomas,   agent   from  Block 

429         Island,  letter  to  53 

558  58,  90,  122.  125.  305,  400 

374  Tew,  Richard,  Deputy,  ...    22,  38,  90 

40     assistant,  147,  150 

481  394 
43  Tharpe,  John  238 

40  Thomas,  William,  393 

Thomas,  James,  531 

47  Throgmorton,  John,  01,  130, 140, 150,  202. 
petition  relative  to  daughter's  estate,  221 

75  Thurston,  Edward,  528 

133 1  Tifft,  John,  390 

41  Tibbitts,  Henry,  124,  323,  391,  413,  507, 

33  582 
Till  ins;  hast.  Pardon,   307 

,  73  Timberlake,  William,    .    .   238,  294,  399 

45  Timberlake,  Mary,  305 

1  itles  in  laws  derogatory  to  the  King 

47         disannulled,  294 

73  Todd,  Walter,  deputy,  38 

70  assistant,  ....  39. 90, 90, 484 
344  Torrev,  Joseph,  deputy,  38-  01,  90,  130, 
588  150,241,302 
391  recorder.  .  .  39,  07,  47,  55,  74.  302 
519  •      31,  40,  49,  04.  70,  71,  00,  77,  82,  84, 

242  127,142,304.375,421 
527      commissioner  to  treat  with  Massa- 
147        chusetts,  50 

99      clerk  of  Assembly,     .    .  90.139,301 

238     commission  to,  332 

393  Torrey.  Thomas  203 

58  Tosh,  William  58 

Towns,  precedency  of,  28 

Traine  Band,  commissions  for,     .  211, 207 


529 

451 1  Training  not  required  of  men  against 
251 
299 
85 
293 
481 


their  consciences,  498 

Tripp,  John,  deputy,     .    .  22,150.241 

assistant,    302,  517 

Tripp.  Joseph  527 

Turner.  Lawrence  39.  40 


241  Tyler,  John,   451 

394  Underwood,  Henry,   483 

588  Updike,  Lodowick,   391 

Updike,  Richard   391 

280  Uselton  .    .  392 


GENERAL  INDEX. 


G09 


Vandyke,  Lodowiek,    .    .    .     227,  341 

Yaughan.  Daniel  588 

Vaughan,  George,  588 

Yaughan,  John,  jun'r,    .....  "238 

Vaushan.  William,  537 

Tiall.  John,   227,  231 

Waite,  Jeremiah,    i  483 

Waite,  Samuel   227,  391,  483 

Waite.  Thomas  483 

Walwin,  Thomas,  runs  awav  with  Mrs. 

Colwell  ".    ...  210 

Walwin.  widow,  petition  of,     ...  530 

Ward.  John,  482 

Ward,  Thomas,    .  374.  429,  566.  580,  585 

Warner,  John  242 

Warrants,  forms  of,  121 

Warwick  complains  against  Pumham 

regarding  lands,  32 

objects  to  paving  its  proportion  of  the 

levy  for  Jphn  Clarke,  letter  from,     78  J 
letter  considered,  and  reply  to  be  sent.  142 
order  to,  from  the  king's  carriers  con- 
cerning Pumham,  132 

neck,  acquittance  by  the  Indians  of 

lands  in,  .    .    .'  132 

various  documents  relating  to  Pum- 
ham,   .    .    .    .    .    .    .   134  to  13G 

letter  of  Roger  Williams,  relating  to 
Pumham's  claim  of,     ....    135  . 

letter  from  Sir  R.  Carr  to  Lord  Ar- 
lington, relative  to,     ....  137 

deputies  of,  accepted  1666.  .  140 
deputies  from,  sent  for,    .    .    .    .  151 

letter  from,  Oct.  1669,  read,  .  .  287 
letter  from,  not  to  be  opened,  1663,  488 
inhabitants  of,  invited  to  repair  to  the 

island  for  safety,  533 

Waterman,  Thomas,  ....  268, 390 
Waterman,  Xathaniel,    ....  364,396 

Wawenockshott,  362 

Weeden.  William,  defts.,    .    .    .   96, 241 

Weeden,  William,  364 

Weeden,  James,  Jr.,  527 

Weaver.  Clement,   394,  588 

W  eaver.  Clement.  3d  527 

Weaver,  John,  588 

Weights  and  measures,  standard  of.  to 

be  kept,   ........  529 

Wellington.  Willingt on.  Joseph,        .  218 

Wellington.  Samuel  482 

Westcott.  Amos,       .    .    .  133.139,381 

Westcott,  Jeremiah,  51 

Westcott,  Robert,   133.  491 

Westerly,  Misquamacott  to  be  so  called,  25 1 
urder  to,  relative  to  allegiance,  .  .  389 
people  of,  carried  away  by  Stoning- 

ton  people,  439 

Westrow,  Mr  177 

Wetamo.  an  Indian  487 


.  527 
.  394 
.  588 
70,  424 
€1,  77. 


49 
64 
70 


Whipple,  John,  Jr..   .    .    ,  381,395,447 

Whipple,  Eleazer  242 

Whipple,  Samuel,  242 

Whitman.  Valentine,  527 

Wickes.  John,  senior.     22,  38.  67,  96,  131, 
139,  146,  241.  327 
Wickes.  John,  jun'r,  ....      133,  527 

WickeudoD.  William,  38 

Wightman.  George,  ....  391,483 

Wilcocks.  Stephen   324,  3S8 

Wilniot,  Thos.,  of  Seekonk,  ...  193 
AVilbore,  Samuel.  61,  96.  130,  139,  147. 

241,  565 

Wildbore,  John,  ....... 

Wilbore,  William,  , 
Wildbore,  William,  jun'r,  .    .  . 
Willis,  Samuel,  ...... 

Williams,  Roger,  assistant.  22,  37 

82,  90,  96.  302,  374,  565,  572 
requested  to  transcribe  the  charter,  25 
on  committee  relative  to  Block  Island,  40 
to  draw  up  instructions  for  commis- 
sioners to  Massachusetts,, 
a  committee  to  revise  the  laws, 
on  committee  to  run  the  boundary  line, 
commissioner  to  Plymouth  to  settle 
the  boundary  line,  etc.,     .    74,  76,  91 

petition  from  referred  86 

letter  to  Sir  Rol>ert  Carr  in  relation 

to  Pumham,  135 

commissioner  to  treat  with  Connec- 
ticut,  454 

captain,  548 

Williams,  Augustine,  388 

Williams.  Daniel,  364 

Williams.  IIus;h   58,  59,  405 

Williams,  Robert,     .    .  94,484,518,542' 

Winslow,  Josiah,  7" 

Winsor,  Samuel  451 

Wilson,  Samuel.  .    .  250.321.340.41:'. 

Wilkinson,  Lawrence  '  482 

Wiuthrop,  John.  Governor  of  Connec- 
ticot.  letter  to,  concerning  difficul- 
ties at  Southertown,  *.    .    .  . 
letters  to,  relative  to  the  jurisdiction 

of  the  S'arragansett  country.  65,  G9, 
dissent  from  the  exercise  of  power 
cast  of  Pawcatuck  River, 
Winthrop.  <  apt.  Fitz  John.   .    .  . 

Winthrop.  Waytc  

Wanonitonimo  hill,  a  beacon  to.be  put 



Wood,  John,  petition  from.     .    .  33,  124 
40.  42.  45.  894,  481,  527 

bond  given  by,  44 

Woodman,  John,  527 

Wood,  Thomas,  58,-< 

W  1  ill.  Win.,  deputv,  61,  90,  139,  140, 

7'».  77.  518.  537.  4*2.  527 


34 


3 


ill 
231 
231 

21  '7 


Wheate,  Samuel  133   Wroolev,  Adam  527 

Whipple.  John.    .    .      150.  241.  395.  532  Woollry,  Emanm  l  19  j 


* 


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